Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940479157.pdf (South Africa)
Monday, 16 May 2022] No 71—2022] FOURTH SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ MONDAY, 16 MAY 2022 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly and National Council of Provinces 1.

Classification of Bills by JTM .......................................................................................... 2 National Assembly 1.
Referral to Committees of papers tabled .......................................................................... 2 TABLINGS National Assembly and National Council of Provinces 1.

Speaker and Chairperson .................................................................................................. 3 2.

Minister of Communications and Digital Technologies .................................................. 3 COMMITTEE REPORTS 1 National Assembly 1.
Employment and Labour .................................................................................................. 4 2.

Higher Education, Science and Innovation .................................................................... 51 3.

Justice and Correctional Services ................................................................................... 90 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1.
Classification of Bills by Joint Tagging Mechanism (JTM) (1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill: (a) Electoral Amendment Bill [B1–2022] (National Assembly – sec 75).

National Assembly The Speaker 1.


Referral to Committees of papers tabled (1) The following paper is referred to the Portfolio Committee on Water and Sanitation for consideration: (a) Letter dated 03 May 2022 from the Minister of Water and Sanitation to the Speaker of the National Assembly explaining the reasons for the further delay in the tabling of the Annual Report of the Breede-Gouritz Catchment Management Agency for 2020-21.
(2) The following papers are referred to the Standing Committee on Finance for consideration: (a) Draft Conduct Standards on requirements relating to third party cell captive insurance business, including annexures 1, 2 and 3 in terms of the Financial Sector Regulation Act, 2017 (Act No 9 of 2017).

(b) The final draft of the amended Regulation 28 made in accordance with section 36(1)(bB) of the Pension Funds Act, 1956 (Act No 24 of 1956).
(3) The following paper is referred to the Joint Standing Committee on Defence for consideration and report: 2 (a) Annual Report of the National Conventional Arms Control Committee (NCACC) for the year ended December 2021, tabled in terms of section 23(1)(c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
(4) The following paper is referred to the Portfolio Committee on Transport: (a) Government Notice No 2077, published in Government Gazette No 46356, dated 12 May 2022: White Paper on the National Rail Policy – March 2022, in terms of the National Land Transport Act, 2009 (NLTA).
(5) The following paper is referred to the Ad Hoc Joint Committee on Flood Disaster and Recovery, the Portfolio Committee on Cooperative Governance and Traditional Affairs and Standing Committee on Public Accounts for consideration: (a) Real-Time Audit Plan from the Auditor-General on the flooding disaster relief fund for KwaZulu-Natal.

TABLINGS National Assembly and National Council of Provinces 1.

The Speaker and the Chairperson (a) Strategic Plan of the Commission for Gender Equality for 2019 – 2024.
(b) Amended Strategy of the Commission for Gender Equality for 2019 – 2024.

(c) Commission for Gender Equality 5 Year Strategy Amendment Report for 2019 – 2024.

(d) Annual Performance Plan of the Commission on Gender Equality for 2022/2023.

2.
2.

The Minister of Communications and Digital Technologies (a) Report and Financial Statements of the South African Post Office SOC Limited (SAPO) and its subsidiaries (the SAPO group) for 2020-21, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2020-21.

COMMITTEE REPORTS National Assembly 3 1.
REPORT OF THE PORTFOLIO COMMITTEE ON EMPLOYMENT AND LABOUR ON BUDGET VOTE 31: EMPLOYMENT AND LABOUR, THE STRATEGIC PLAN OF THE DEPARTMENT AND ENTITIES 2021/22 – 2024/25 AND THE ANNUAL PERFORMANCE PLAN OF THE DEPARTMENT AND ENTITIES 2022/23, DATED 11 MAY 2022 The Portfolio Committee on Employment and Labour, having considered the budgets of the Department and its entities in line with their 2020 - 2025 Strategic Plans and Annual Performance Plans which were presented on 16, 23 and 30 March 2022, reports as follows: 1.
INTRODUCTION The Department of Employment and Labour (Department) derives its legislative mandate from the Constitution, particularly the Bill of Rights.
Some of the relevant sections include section 9 - Equality; section 10 - Human dignity; section 13 - Slavery, servitude and forced labour; section 16 - Freedom of expression; section 17 - Assembly, demonstration, picket and petition; section 18 - Freedom of association; section 22 - Freedom of trade, occupation and profession; as well as section 23 - Labour relations.
These Constitutional rights are given effect through various pieces of legislation, including the Labour Relations Act (1995); the Basic Conditions of Employment Act (1997); the Employment Equity Act (1998); the Occupational Health and Safety Act (1993); the Employment Services Act (2014); and the National Minimum Wage Act (2018).

This report covers the Strategic Plan of the Department 2020-2025, Annual Performance Plan 2022/23 and the Budget Review of the Department and its entities.
It is based on presentations made to the Portfolio Committee on Employment and Labour on 16, 23 and 30 March 2022.

2.

THE STRATEGIC PLAN OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR 2020 - 2025 2.1.
Programmes and entities of the Department The functions of the Department are structured into four programmes, namely: • Programme 1: Administration • Programme 2: Inspection and Enforcement Service (IES) 4 • Programme 3: Public Employment Services (PES) • Programme 4: Labour Policy and Industrial Relations (LR&IR) The following entities report to the Department: • Supported Employment Enterprises (SEE) • Unemployment Insurance Fund (UIF), Schedule 3A Public Entity • Compensation Fund (CF), Schedule 3A Public Entity • Commission for Conciliation, Mediation and Arbitration (CCMA) • National Economic Development and Labour Council (NEDLAC) • Productivity South Africa (PSA) 2.2.
The Department and Medium Term Strategic Framework (MTSF) 2020 - 2025 In the medium term the Department will contribute mainly to the following government service delivery MTSF priorities: • Priority 1: A capable, ethical and Developmental State • Priority 2: Economical transformation and job creation • Priority 3: Education, skills and health • Priority 4: Consolidating the social wage through reliable and basic services • Priority 6: Social cohesion and safer communities • Priority 7: A better Africa and a better world 2.3.
Strategic Plan per government MTSF priorities 2.3.1.

Priority 1: A capable, ethical and developmental State The outcome for this priority is to have a functional, efficient and integrated government.

The five-year target is to fill all funded vacant posts within 4 months of becoming vacant.

The current vacancy rate for the Department is 10%.

The five-year target is to maintain vacancy rate at eight per cent.

With regard to ICT, the Department aims to develop a three-year Cybersecurity roadmap.
The Department aims to replace all targeted legacy applications by SAP4HANA as per the roadmap.

5 2.3.2.

Priority 2: Economic transformation and job creation The first outcome for Priority 2 is more decent jobs created and sustained, with youth, women and persons with disabilities prioritised.

The five-year target is to monitor and report on the target of creating 275 000 jobs per year, which was set by the Presidential Job Summit agreement.
To create 256 050 jobs for the youth in contribution to the Job Summit Agreement target of creating 1 million jobs through the Presidential Comprehensive Youth Employment interventions by 2024.

Contribution per programme and entity are as follows: PES-190 000, SEE and designated groups-1000, UIF (LAP)-61 050 and CF-4 000.

Furthermore, the Department plans to have the Employment Policy finalised and implemented by 2024.

The policy aims to regulate employment of foreign nationals, without being xenophobic.
The second outcome for this government priority is to invest for accelerated inclusive growth.

The five-year target is to inspect 18 420 workplaces, inclusive of 1 812 Director General reviews and ensuring that these workplaces are transformed.

The third target is to ensure increased economic participation, ownership, access to resources, opportunities and wage equality for women, youth and persons with disabilities.
The five-year target is to inspect 838 560 workplaces to enforce compliance with the National Minimum Wage Act and the Basic Conditions of Employment Act.

2.3.3.

Priority 3: Education, skills and health The outcome for this priority is to have safe and healthy work environment.

The five-year target for this priority is to inspect 421 620 workplaces for compliance with Occupational Health and Safety legislation.
The Department conducted 23 844 inspections in the previous financial year and 397 776 are planned for the 2021/22 to 2024/25 financial years.

2.3.4.

Priority 4: Consolidating the social wage through reliable and basic services The outcome for this priority is to have comprehensive social security coverage.

This would be achieved through enforcement of compliance to Unemployment Insurance Act, Unemployment Insurance Contributors Act and Compensation for Occupational Injuries and Diseases Act.
The five-year target is to inspect 131 580 employers so as to improve coverage for employees.

6 2.3.5.

Priority 6: Social cohesion and safer communities The outcome for this government priority is to achieve equal opportunities, inclusion and redress.

To this end, the Department is in the process of amending the Employment Equity Act, so as to set sector targets.

The ultimate aim is to have the Employment Equity Act amended, enacted and enforced by 2024.
The Department’s five-year target is to achieve at least 50% representation of Africans at middle and senior management levels and 2.5% representation of persons with disabilities in employment by 2024.

The Department also aims to develop and implement an income differential data collection tool (EEA4 form) for designated employers by 2022.

2.3.6.
2.3.6.

Priority 7: A better Africa and a better World The five-year target for this government priority is to fulfil 90% of the country’s obligations to SADC and AU as well as ensuring that South Africa’s participation in international organisations is secured to advance national interest.

2.4.
2.4.

The Annual Performance Plan of the Department of Employment and Labour The Annual Performance Plan 2022/23 was subjected to auditing by the Auditor General and Internal Audit for: • Alignment to the Government priorities, MTSF, Minister’s Performance Agreement, Strategic Plan, guidelines provided by Department for Policy Monitoring and Evaluation (DPME) and National Treasury; • Compliance to the “SMART” principle of indicators; and • Alignment of the budget to outputs.
The budget of the department is as outlined in table 1 below.

Table 1: Budget allocation of the Department 2022/23 Programme Revised Medium Term Expenditure Estimate R-thousand 2021/22 2022/23 2023/24 2024/25 Estimates 7 1.

Administration 1 025 979 1 044 005 1 030 432 1 076 709 2.

Inspections and 638 358 657 167 638 358 667 030 Enforcement Services 3.

Public Employment 993 157 935 396 993 786 649 467 Services 4.
Labour Policy and 1 258 556 1 319 451 1 320 892 1 379 412 Industrial Relations Total 3 816 493 3 956 019 3 983 468 3 772 616 Economic Classification Current Payments 2 124 447 2 147 808 2 097 327 2 191 519 Compensation of 1 440 093 1 430 813 1 378 647 1 440 561 Employees Goods and Services 684 354 716 995 718 680 750 958 Transfers and Subsidies 1 609 940 1 736 957 1 811 677 1 503 292 Payment for Capital Assets 82 106 71 254 74 464 77 805 Total 3 816 493 3 956 019 3 983 468 3 772 616 Source: Presentation to the PC on Employment and Labour dated 16 March 2022 2.4.1.
Programme 1: Administration The purpose of this programme is to provide strategic leadership, management and support services to the Department.

The budget allocation for Programme 1 amounts to R1 billion (R1 044 005 000) in 2022/23 financial year.

This is the second highest programme budget allocation after Programme 4.

The annual performance plan of the programme includes: • Vacant funded posts maintained at 8% or less every quarter.

• A gender responsive recruitment process.


To have 45% of SMS positions occupied by women.

• Appointment of Managed Information Security Service Provider.

• Legacy IES and PES systems transitioned to SAP4HANA, which is an integrated SAP platform.

• Roll out of the Ethics Management Plan for the year.

8 • Resolution of 93% reported incidents of corruption in the Department by disciplinary and criminal interventions.
• Compile one Annual Financial Statement by 31 May 2022 and three Interim Financial Statements 30 days after each quarter.

The financial statements must comply with guidelines issued by the National Treasury.

• Reporting of all detected irregular and unauthorised expenditure cases to the Accounting Officer.

• Reporting of all detected fruitless and wasteful expenditure cases to the Accounting Officer.

2.4.1.1.
2.4.1.1.

Risks and Mitigation Key Risks • Inability of modernisation programme to meet intended objectives.

Risk Mitigation • Business process reengineered.

• Business process mapping.

• Stakeholder engagement.

Key Risk • Structural deficiencies/ inadequate organisational structure to service the Department.

Risk Mitigation • Facilitate review of the existing Departmental structure.

• Engage National Treasury to secure funding through the Office of Chief Financial Officer.
Key risk • Increase in vacancy rate.

Key Mitigation • HR audits to be conducted.

• Reconciliation of approved structure and PERSAL information.

• Monitoring of vacancy rate.

• Advocacy sessions twice a year.

9 2.4.2.

Programme 2: Inspection and Enforcement Services The purpose of this programme is to realise decent work by regulating non-employment and employment conditions through inspection and enforcement, to achieve compliance with all labour market policies.
The budget allocation for this programme amounts to R657.2 million (R657 167 000) in the 2022/23 financial year.

The annual performance plan of this programme includes: • To inspect 298 104 employers in 2022/23 financial year to determine compliance with employment law.

Of these inspections, 61 236 and 63 720 will be conducted in Gauteng and KwaZulu-Natal respectively.

The majority of the inspections (168 864) will be to determine compliance to the Basic Conditions of Employment Act.
• To serve 95% of non-compliant employers with notices in terms of relevant labour legislation within 14 calendar days of the inspection.

• To have 65% of non-compliant employers/workplaces/users received by Statutory Services settled out of court or CCMA or referred for prosecution within 30 calendar days.

• To conduct 4 seminars and 2 conferences in 2022/23 financial year to enhance awareness of employment law.

2.4.2.1.
2.4.2.1.

Key Risks and Mitigation Key Risk • Non-compliance by employers and users with labour legislation.

Risk Mitigation • Strengthening of sector specific advocacy by utilising various platforms at both the provincial and national level.

• Improve the conducting of follow-up inspections to strengthen monitoring in areas of non-compliance.

• Effective implementation of existing MOUs.

• Establish and maintain partnerships in key sectors where there are no MOUs.
• Provinces to commission blitz inspections in targeted problematic or high risk areas.

10 • Improve on referring all employers who fail to comply with expired notices for prosecution.

Key Risk • Unreliable performance information Risk mitigation • Develop a standard operations procedure and or guidelines on quality assurance of performance information.

• Establish quality assurance teams to handle performance information issues at various levels.
• Improve on the utilisation of the Case Management System.

• Monthly performance information submitted is accompanied by consolidated registers that are quality assured.

2.4.3.

Programme 3: Public Employment Services The purpose of this programme is to provide assistance to companies and workers to adjust to changing labour market conditions.

The budget allocation for this programme amounts to R630.5 million (R630 462 000) in the 2022/23 financial year.
The annual performance plan of this programme includes: • To register 850 000 work-seekers on the Employment Services of South Africa (ESSA) database.

Of these, 221 000 and 144 500 work-seekers will be registered in Gauteng and KwaZulu-Natal respectively.

• To register 105 000 employment opportunities on ESSA.

Of these, 20 116 and 16 580 opportunities will be registered in Gauteng and KwaZulu-Natal.

• To provide 240 000 work-seekers with employment counselling in 2022/23 financial year.
Of these 49 920 and 30 720 work-seekers provided with employment counselling will be in Gauteng; and KwaZulu-Natal and Eastern Cape respectively.

11 • To fill 55 000 registered employment opportunities with registered work-seekers.

Of these, 10 537 and 8 685 registered employment opportunities will be filled with registered work-seekers in Gauteng and KwaZulu-Natal.

• To conclude 22 partnership agreements with various stakeholders.

• To develop and approve one policy in the year 2022/23.

2.4.3.1.
2.4.3.1.

Key Risks and Mitigation Risks • Insufficient placement of registered work-seekers in registered opportunities.

Risk Mitigation • Collaboration with the Presidency Programme Management Office, UIF, other departments and entities, the private sector and NGOs in providing a range of work seeker services.

• Further development of ESSA online services.

• Establishment of youth centres and roll-out of 14 PES mobile units.
• Conclusion of strategic partnership agreements with employers and institutions to use ESSA for recruitment.

• Consultation on the National Employment Policy, sub-theme on National Labour Migration and amendments to Employment Services Act.

• Provision of funding to entities assisting PES in employment promotion (SEE, Productivity SA, CF, NGOs, UIF).

2.4.4.
2.4.4.

Programme 4: Labour Policy and Industrial Relations The purpose of this programme is to facilitate the establishment of an equitable and sound labour relations environment, support institutions that promote social dialogue and the promotion of South Africa’s interests in international labour matters through research, analysis and evaluating labour policy, and providing statistical data on the labour market.
The budget allocation for this programme amounts to R1.3 billion (R1 280 451 000) in 2022/23 financial year.

This is the highest programme budget allocation of the Department of Employment and Labour.

The annual performance plan of this programme includes: 12 • To publish and implement Employment Equity Act amendments by 31 March 2023.

• To publish the 2021-2022 Annual Employment Equity Report and Public Register by 30 June 2022.
• To develop 2022-2023 Annual Employment Equity Report and Public Register by 31 March 2023.

• To develop income differential data collection tool (EEA4 form) for designated employers.

• To develop law and policy interventions to protect specific groups of workers who are particularly vulnerable to specific forms of gender-based violence.

• To review the National Minimum Wage level by 31 March 2023.
• To assess and verify 100% of collective agreements where parties are not representative, within 120 working days of receipt by 31 March 2023.

• To assess and verify 100% of collective agreements where parties are representative, within 60 working days of receipt by 31 March 2023.

• To approve or refuse 100% of labour organisations’ applications for registration within 90 working days of receipt by 31 March 2023.
• To have two reports on the implementation of bilateral cooperation and multilateral obligations submitted to the Minister for signing.

The annual implementation report will be signed off by the Minister by 30 April 2022 and the mid-term implementation report signed off by the Minister by 31 October 2022.

• To produce four annual labour market trend reports on the impact of labour legislation.
One Annual Labour Market Bulletin 2021/22 and two Job Opportunity and Unemployment in the SA labour market 2021/22 will be produced in Q2 of 2022/23.

One Annual Industrial Action report 2021 and to Annual Administrative Statistics 2021 will be produced in Q4 of 2022/23.

• To produce four research reports on the impact of labour legislation to the labour market by 31 March 2023.

2.4.4.1.
2.4.4.1.

Key Risks and Mitigation Key Risks • Insufficient labour market research conducted in terms of monitoring the impact of legislation.

Risk Mitigation 13 • Developing a monitoring and evaluation agenda which lists a number of research topics that would be outsourced and conducted over a period of 24 months.

• Limit number of research that requiring tender procurement and increase procurement through RFQ.
• Procure an online survey tool to facilitate more research conducted internally by departmental staff.

2.4.5.1.

Supported Employment Enterprises (SEE) Strategic Plan SEE contributes to government priority 2, which is economic transformation and job creation.

The first outcome of this priority for the SEE is to provide additional job opportunities for people with disabilities.

The outcome indicator is the number of jobs created through the Presidential Comprehensive Youth Employment interventions.
SEE currently employs over 1 250 people with disabilities.

The five-year target of SEE is as follows: • 25 additional persons with disabilities employed in the SEE factories by the end of March 2021.

• 25 additional persons with disabilities employed in the SEE factories by the end of March 2022.

• 50 additional persons with disabilities employed in the SEE factories by the end of March 2023.

• 150 additional persons with disabilities employed in the SEE factories by the end of March 2024.
• 150 persons with disabilities employed by 31 March 2025.

The second outcome of priority 2 is to increase the sales revenue.

The outcome indicator is the percentage sales increase to ensure financial viability and growth.

SEE currently generates R61 million and receives R141 million in transfer funding.

Its strategic intent is to generate over R200 million per annum by strengthening relationships and alliances with its existing key customers.
SEE five-year targets are as follows: • 5% annual increase of sales revenue from goods and services by the end of March 2021.

• 5% annual increase of sales revenue from goods and services by the end of March 2022.

• 10% annual increase of sales revenue from goods and services by the end of March 2023.

14 • 10% annual increase of sales revenue from goods and services by the end of March 2024.

• 10% annual increase of sales revenue from goods and services by the end of March 2025.
The third outcome of priority 2 is to increase the SEE’s market share.

The outcome indicator is to establish customer agreements for sustainable income to implement the SEE mandate.

SEE has entered into three customer agreements.

SEE five-year target for this outcome is as follows: • Three customer agreements entered into by the end of March 2021.

• Five customer agreements entered into by the end of March 2022.

• Seven customer agreements entered into by the end of March 2023.
• Ten customer agreements entered into by the end of March 2024.

• Five customer agreements entered into by the end of March 2025, 2.4.5.2.

SEE Annual Performance Plan 2022/23 The annual performance targets for 2022/23 are as follows: • To employ 50 additional persons with disabilities in the SEE factories by the end of March 2023.

• To achieve an annual increase of 10% in sales revenue from goods and services by the end of March 2023.

• To enter into seven customer agreements by the end of March 2023.
2.4.5.3.

Key Risks and Mitigation Key Risk • Inability to generate work opportunities.

Risk Mitigation • Improved marketing.

• Develop new innovative products.

• Secure seven new customer agreements.

• Increase sales by 10%.

The entities reporting to the Department of Employment and Labour made their presentations to the Portfolio Committee on Employment and Labour in the order outlined below.

15 3.

ENTITIES OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR The entities reporting to DEL are: 3.1.
Productivity South Africa (PSA) 3.2.

Commission for Conciliation Mediation and Arbitration (CCMA) 3.3.

National Economic Development and Labour Council (NEDLAC) 3.4.

Compensation Fund (CF) 3.5.

Unemployment Insurance Fund (UIF) 3.1.


Productivity South Africa Productivity SA is a schedule 3A public entity of the Department of Employment and Labour with the responsibility to fulfil an economic or social mandate of government, which is to promote employment growth and productivity thereby contributing to South Africa’s socio-economic development and competitiveness.
Productivity SA is governed by a tripartite board consisting of seven members appointed in terms of section 33 of the Employment Services Act (Act No.4 of 2014), namely Chairperson and six members (four from NEDLAC: two representing organised Labour and two representing organised business) and two members representing Government; and the Executive Committee comprising of eight members.
Productivity SA has three regions comprised as follows: • Region 1: Gauteng, North West and Limpopo • Region 2: Western Cape, Free State and Northern Cape • Region 3: KwaZulu-Natal, Eastern Cape and Mpumalanga The functions of the Productivity SA are to: • Promote a culture of productivity in the workplace; • Facilitate and evaluate productivity improvement and competencies in workplaces; • Support initiatives aimed at preventing job losses; • Measure and evaluate productivity in the workplace; and • Maintain a database of productivity and competitiveness systems and publicise same; and to undertake productivity related research.
For businesses to be assisted by Productivity SA, they should meet the following criteria: 16 • Registered entity, two years in operation and have a minimum of 20 employees.

• Have physical premises where business processes take place.

• Be compliant with UIF regulations.

• Have a valid tax clearance certificate.

• Have two years of audited financials or independently reviewed management accounts proving the decline/distress of the business and its potential to turn-around.
The Strategic Plan of the Productivity SA is outlined in the paragraph below.

3.4.1.

Strategic Plan of Productivity SA 2019 - 2024 Productivity SA contributes to two MTSF priorities of government, which are priority 1 and priority 2.

Priority 1: A capable, ethical and developmental State.

Productivity SA reported that it is riding a successful wave on measures taken to eliminate wasteful, fruitless and irregular expenditure.

Priority 2: Economic transformation and job creation.
Productivity SA business model is anchored on this priority through the following flagship programmes: Programme 1: Competitiveness Improvement Services This programme aims to • Enhance the capacities of SMMEs and co-operatives to adopt world-class productivity enhancement best practices, focusing on products, processes and people.

Target priority productive sectors with strong growth and employment multipliers, with a focus on the township and rural economies.
• Contribute to the creation of productive employment and decent work by improving the competitiveness and sustainability of enterprises.

• Enhance productivity and operational efficiency through clustering.

The workplace challenge (WPC) programme aims to support industrial clusters including in SEZs/IDZs and encourage workplace collaboration between management and workers.

• Prioritise the participation of historically disadvantaged people and regions in the economy and thereby support meaningful BBBEE.
17 Programme 2: Business Turnaround and Recovery This programme aims to: • Preserve jobs and create conditions conducive for job retention and new job creation.

• Provide support to enterprises facing economic distress.

• Offer initiatives aimed at minimising the retrenchment of employees or preventing job losses.

• Provide initiatives for turnaround strategies, re-training or alternative employment opportunities.
Programme 3: Research, Innovation and Statistics This programme aims to: • Measure and evaluate productivity in the workplace and competitiveness of the economy.

• Develop and maintain databases and best practice productivity and competitiveness systems, business model innovation and products and services innovation to improve quality and aces to services.

• Undertake and publicise productivity related research and statistics.
The impact statement of Productivity SA is to promote full and productive employment and decent work for all.

The five-year targets of Productivity SA are outlines in table 2 and 3 below.

Table 2: Priority 1-Capable, ethical and developmental State Outcome Outcome Indicator Baseline Five-year target Implementing 2019/20-2023/24 Programme 1.

Functional, 1.1.
Functional, 1.1.

Monitoring 100% 30 day payment Administration/ efficient and report with report with Corporate integrated corrective government measures where applicable per annum.

Services corrective measures implemented where applicable.
18 1.2.Percentage R518,000.00 100% Administration/ elimination of fruitless and wasteful expenditure per annum elimination of Corporate fruitless and Services wasteful expenditure incrementally from baseline of R518,000.00 Source: Productivity SA presentation to PC on Employment and Labour dated 23 March 2022 Table 3 reflects the five-year targets for economic transformation and job creation priority.
Table 3: Priority 2-Economic transformation and job creation Outcome Outcome Indicator Baseline Five-year target Implementing 2019/20-2023/24 Programme 2.
Support the 2.1.Number of 0 jobs saved 28 900 BT&R creation of jobs jobs created (and 0 companies 578 through Summit Job retained) through facing economic job summit distress supported Commitments initiatives 0 workplaces/ 1734 and the Economic Reconstruction future forums members trained and Recovery 2.2.Number of 5588 SMMEs and 8108 CIS Plan, in particular SMMEs and other enterprises the mass other enterprises supported through employment stimulus supported to CIS in 2018/19 improve their New indicator- 7878 competitiveness entrepreneurs, and sustainability workers and to preserve and managers create decent capacitated jobs promote to the 19 culture of productivity 217 productivity 1615 champions capacitated to build awareness and promote a stronger culture of productivity in 2018/19 2.3.Advocacy 10 productivity 50 and public awards and Corporate Relations awareness regional programmes to milestone promote a culture conducted of productivity and competitiveness Source: Presentation to the PC on Employment and Labour dated 23March 2022 3.4.2.
Annual Performance Plan of Productivity SA 2022/23 3.4.2.

Annual Performance Plan per Programme is as follows: 3.4.2.1.

Programme 1: Administration/ Corporate Services • To pay 100% of SMMEs within 30 days of receipt of statement with corrective measure implemented where applicable.

• To eliminate fruitless and wasteful expenditure incrementally from baseline of R518,000.00.

• To commence 100% of planned training interventions.

• To host 10 productivity awards and regional milestone workshops.
3.4.2.2.

Programme 2: Competitiveness Improvement Services 20 • To support 1252 SMMEs and other enterprises through Competitiveness Improvement Services.

• To capacitate 2200 entrepreneurs, workers and managers to promote the culture of productivity.

• To capacitate 323 productivity champions to build awareness and promote a stronger culture of productivity in South Africa.

3.4.2.3.

Programme 3: Business Turnaround and Recovery • To save 3350 jobs in companies facing economic distress.
• To support 67 companies facing economic distress through turnaround strategies to retain jobs.

• To train and capacitate 201 workplaces/future forum members on productivity improvement solutions per annum.

3.4.2.4.

Programme 4: Research, Innovation and Statistics • To publish and disseminate four research reports and publications on priority sectors.

• To publish and disseminate two statistical reports on productivity and competitiveness.

3.4.2.5.
Budget of the Productivity SA per programme Table 4: Budget per Programme Expenditure per Programme Administration Research, Innovation and Statistics Services 2022/23 2023/24 2024/25 R’000 R’000 R’000 61 090 10 073 62 877 63 378 10 234 10 400 Business Turnaround and Recovery 117 495 122 783 128 307 Competitiveness Improvement Services 19 560 20 070 20 600 TOTAL 208 218 215 964 222 685 Source: Presentation to the PC on Employment and Labour dated 23 March 2022 The larger portion of the budget (56%) was allocated to Business Turnaround and Recovery programme.
21 3.4.2.6.
Budget by Strategic Objective Table 5: Budget by Strategic Objective Expenditure per Strategic Objective 2022/23 2023/24 2024/25 R’000 R’000 R’000 Strengthen the institutional capacity of Productivity SA to 11 193 11 372 11 463 deliver on its mandate and be financially sustainable To support government programmes aimed at sustainable 19 560 20 070 20 600 employment and income growth To support enterprises facing economic distress and initiatives 117 495 122 783 128 307 aimed at preventing job losses Generation and dissemination of productivity related research 10 073 10 234 10 400 and statistics To promote a culture of productivity and competitiveness in the 49 897 51 505 51 915 workplace and community life TOTAL 208 218 215 964 222 685 Source: Presentation to the PC on Employment and Labour dated 23 March 2022 The larger portion of the budget was allocated to strategic objective of supporting enterprises facing distress and initiatives aimed at preventing job losses 3.4.2.7.
Strategic Risks • Inadequate revenue • Cyber security • Inability to respond to increased demand for services • Poor performance under the hybrid work environment • Fraud and corruption • Inadequate digitisation • Reputation risk 3.2.

Commission for Conciliation Mediation and Arbitration (CCMA) The CCMA is a statutory body established in terms of section 112 of the Labour Relations Act (LRA).
22 In terms of section 113 of the LRA, the CCMA is independent of the State, any political party, trade union, employer, employers’ organisation, federation of trade unions or federation of employer’ organisations.

Mandatory functions of the CCMA The mandatory functions of the CCMA are: • To conciliate and arbitrate workplace disputes.

• To assist with the establishment of workplace forums.

• To compile and publish statistics and information about its activities.
• To administer the Essential Services Committee (ESC).

• To consider applications for accreditation and subsidies of bargaining councils and private agencies.

Discretionary functions of the CCMA The discretionary functions of the CCMA are to: • To supervise ballots for unions and employer organisations.

• To provide training and information relating to the primary objectives of the LRA.

• To advise a party to a dispute about the procedures to follow.
• To offer to resolve a dispute that has not been referred to the CCMA.

• To publish guidelines on any aspect of the LRA and to make rules.

• To provide training and advice on the establishment of collective bargaining structures, workplace restructuring, consultation processes, termination of employment, employment equity programmes and dispute prevention.

• To conduct and publish research.

• To provide assistance of an administrative nature to an employee earning less than the BCEA threshold.
• To determine fees that the CCMA can charge and regulate practice and procedure for conciliation and arbitration hearings.

The work of the CCMA is structured into the following five programmes: • Administration • Proactive and relevant labour market intervention 23 • Special interventions and support • Efficient and quality dispute resolution and enforcement services • Effective strategy management and governance 3.2.1.
Strategic Plan 2020/21-2024/25 The strategic initiatives per programme are as follows: 3.2.1.1.

Administration • To enhance financial viability for organisational sustainability.

• To improve organisational culture in a bid to make the CCMA an employer of choice.

• To improve employee’ turn-over rate.

• To concentrate on talent and succession planning.

• To reform and modernise the organisation through technology.
• To implement internal programmes that support the environment and contributes to climate change initiatives.

3.2.1.2.

Proactive and relevant market intervention • To implement the targeted workplace interventions through the CCMA’s DP and WO strategy.

• To facilitate the collective bargaining support processes with strategy identified users.

• To facilitate social protection through social dialogue, advocacy and outreach.

• To capacitate, train and build knowledge and skills in the labour market.
• To raise awareness on the CCMA services through the delivery of the advocacy campaign.

• To offer support and advisory services to the labour market as and when required.

• To promote democratisation and best employment practices in workplaces to transform them.

• To improve the effectiveness and efficiency of the Essential Services Committee (ESC) legislated mandate.

• To promote effective dispute resolution in essential services.
• To ensure that parties are assisted when negotiating minimum service agreements (MSA).

• To create awareness to the beneficiaries of essential services.

• To promote accountability on the part of the providers of essential services.

24 3.2.1.3.

Special interventions and support • To implement phase 3 of the CCMA/BUSA web tool.

3.2.1.4.

Efficient and quality dispute resolution and enforcement services • To comply with legislative prescripts in dispute resolution.
• To comply with legislative disputes in ESC legislated mandate.

• To improve access to CCMA and ESC services.

• To improve the quality of service delivery.

• To intensify employment security measures.

• To support the bargaining councils and agencies.

• To implement the CCMA’s enforcement strategy.

• To review designations.

3.2.1.5.


Effective strategy management and governance • Generation of business intelligence through continuous environmental scanning (strategic hindsight and foresight) to keep abreast of changing nature of work to enable appropriate response and impact by the organisation.
• Embed good governance to protect organisational value by mitigating governance failure, anticipate and respond to the changing contextual environment and legislative reforms and achieve a clean administration.

• Better anticipate strategic risks to enable the organisation to mitigate timeously.

• Ensure the organisation complies with applicable legislation and policies.

• Intensify strategic partnerships and alliances to support strategy delivery.

3.2.2.
3.2.2.

Annual Performance Plan 2022/23 The Annual Performance Plan of the CCMA for 2022/23 financial year is as outlined in the following paragraphs.

3.2.2.1.

Programme 1: Administration This programme aims to achieve the following targets in 2022/23 financial year: 25 • To achieve one percent net surplus by 31 March 2023.

• To achieve 1:1 ratio of safety to cash margins by 31 March2023.

• To implement 100% of human resource plan by 31 March 2023.
• To have three automation and integration of case disbursement (dispute resolution process) deployed by 31 March 2023.

• To implement 95% of uptime ICT critical systems.

3.2.2.2.

Programme 2: Proactive and Relevant Labour Market Intervention This programme aims to achieve the following targets in 2022/23 financial year: • To conduct six collective bargaining support processes for strategically identified users.

• To conduct three pre-collective bargaining conferences for strategically identified users.
• To engage eight targeted workplaces to implement transformation of workplace relations project(s).

• To deliver eight vulnerable sector projects to targeted users.

• To attain 70% of positive ratings on participant evaluation outcomes.

• To conduct 12 interventions to promote effective dispute resolution in essential services.

• To engage four stakeholders to make inputs on legislative changes.
• To engage 106 entities to ensure that there are minimums to be maintained during industrial action in essential services.

• To monitor eight essential services designations, minimum services agreements, minimum services determination and/ or maintenance service determinations for compliance and observance.

• To conduct fourteen awareness sessions on essential services designation.

3.2.2.3.
3.2.2.3.

Programme 3: Special Interventions and Support This programme aims to achieve the following target in 2022/23 financial year: • To implement 100% of Phase 3 of the CCMA/ BUSA SME Labour Support Web Tool.

3.2.2.4.
3.2.2.4.

Programme 4: Efficient and Quality Dispute Resolution and Enforcement Services This programme aims to achieve the following targets in 2022/23 financial year: • To hear 98% of conciliable cases within 30 days at first event (excludes agreed extensions, where certificates were issued, out of jurisdiction cases/ withdrawn/ settled 26 by parties’ cases prior to the matter being scheduled, no process cases and cases which are not conciliable or where conciliation is not first process).
• To send 98% of arbitration awards rendered to parties within 14 days of the conclusion of the arbitration proceedings (excludes extensions granted and heads of arguments filed).

• To resolve 52% of disputes of interests.

• To conduct 100% of section 71 of the LRA cases (as and when referred).

• To conduct 100% of section 73 of the LRA cases (as and when referred).

• To conduct 100% of section 75 of the LRA cases (as and when referred).
• To conduct two self-initiated cases in order to determine whether or not the whole or a part of any service is an essential service.

• To achieve 97% quality of awards index by 31 march 2023.

• To reach 84 000 users who access CCMA services from identified sectors.

• To implement all advocacy campaigns planned by 31 March 2023.

• To save 38% of jobs compared to employees likely to be retrenched (as per the cases referred to the CCMA).

• To achieve 8% return to work index by 31 March 2023.
• To resolve 64% of public interest disputes per annum.

3.2.2.5.

Programme 5: Effective Strategy Management and Governance This programme aims to achieve the following targets in 2022/23 financial year: • To conduct one strategic forecasting and situational analysis.

• To conduct one Imvuselelo Strategy impact assessment per annum.

• To implement 100% of Compliance Management Plan by 31 March 2023.

• To implement 100% of 2021/22 Risk Management Plan by 31 March 2023.

3.2.2.6.
3.2.2.6.

Strategic Risks 2022/23 Table 6: 2022/23 Strategic Risks and risk management No.

Outcomes Key Risk Actions to improve risk management 1.

Optimal governance Potential non- • Develop the records management level compliance to the SOP (once the recruitment process Protection of Personal for a records management specialist Information Act has been finalised).

27 • Finalise the data classification process (once the recruitment process for a records management specialist has been finalised).
• Conduct the detailed privacy assessment.

2.

Improved ICT service Outdated ICT systems • Design and implementation of quality that may fail to meet digitisation initiatives strategic business 1.

Enhance the current online e- objectives referral platform to include a multi-language element which will allow for a wider coverage to the end-user.

2.

Enhance the case management system sub-modules.

3.

Develop a customised e-referral platform for the bargaining councils.
• Procure the new hardware infrastructure (dependant on budget availability).

3.

Optimised governance Governance failures • Implement the approved 2022/23 level governance implementation plan.

• Conduct awareness of the Fraud Prevention Policy and SOP.

• Implement the approved 2022/23 Fraud and Anti-corruption Plan and Strategy.

4.
4.

Improved employee Inability to attract, • Implement the talent management turn-over rate develop and retain the framework (within budgetary required/critical skills constraints).

and competencies due • Implement the HRM Strategy (only to budget constraints.

funded components).

28 • Conduct performance management training for line management.

• Develop an industrial management plan.


• Reassign of functions to appropriately skilled individuals to ensure maximum utilisation and outputs from existing resources.

• Deliver relevant training as required by the organisation within the allocated budget (consider training interventions offered by the full-time employees) 5.

Improved ICT service Increased exposure to • Implement the 2022/23 activities of quality cyber attacks the ICT Strategy.
• Implement the intune solution as part of data leakage prevention.

• Develop and implement the cyber security maturity model activation plan.

• Implement the ICT security policy and SOP.

• Review and enhance security governance and operational structures.

• Develop governance processes for data leakage dependant on records management process for data classification (phase 2 mitigation plans).

• Engage with process owners on data classification.

29 6.
29 6.

Optimised governance Negative • Conduct workshops nationally to • Develop and implement a data leakage plan (dependant on data classification).

levels organisational reputation ember the communications policy, strategy and SOP including the language and corporate identity aspects.

• Identify prominent radio stations/TV.

• Develop a poster on leakage of confidential information.

• Arrange for public relations refresher training (dependant on budget availability).
• Create a database of multi-media production houses, monitor the database and draft a response to the Director for his approval and submission to correct the incorrect submission.

• Identify the key/most prominent stakeholders that the CCMA must engage with and ensure that they are kept abreast of all the latest details about the CCMA, as and when the need arises.

• Ensure that communications are proactive (provide media advisories , media statements and staff address for example).

7.
7.

Effective essential User non-compliance • Conduct stakeholder engagements to services dispute with essential services increase awareness and promote 30 management, laws resulting in compliance to the essential services prevention and unprotected strikes.

law.

resolution • Strengthen relationship with users that render essential services.

• Cooperate with the CCMA in managing conciliation outcomes in essential services disputes.
• Promote minimum services agreements (MSA) and determining minimums to be maintained (minimum services determinations) where parties do not conclude MSAs.

8.

Improved employee The negative impact of • Update the CCMA’s pandemic tur-over rate.

the global COVID-19 response plan and compliance to pandemic on the national GOVERNMENT Disaster CCMA.

Management Regulations as and when regulatory changes occur.

• Utilise Careways to provide wellness interventions within the scope of the contract.
• Increase usage of virtual meeting platforms to mitigate against face-to- face transmission of the pandemic.

• Provide stress management and resilience webinars.

• Provide grieve workshops.

9.

Jobs saved Inability to save jobs • Implement post retrenchment adversely affected in monitoring processes.

large scale • Collaborate with strategic partners retrenchments processes on job savings.

• Conduct capacity building to respond to the needs of the labour market.

31 10.
31 10.

Enhanced financial Insufficient financial • Continuously review and monitoring viability for resources to sustain of expenditure in line with the budget organisational sustainability organisational needs allocation.

Source: Presentation to the PC on Employment and Labour dated 23 March 2022 3.2.2.7.
Spending trends of the CCMA per programme CCMA reported on its expenditure as follows: Table 7: Overview of the 2022/23 Budget and MTEF Programme Approved Medium Term Estimates Budget 2021/22 2022/23 2023/24 2024/25 (R’000) (R’000) (R’000) (R’000) 1.

Administration 207 773 228 532 217 437 227 101 2.

Proactive and relevant labour market 13 892 16 350 14 546 15 200 intervention 3.

Special interventions and support 16 426 17 491 17 177 17 949 4.
Efficient and quality dispute resolution 733 102 761 645 775 313 809 431 and enforcement services 5.

Effective strategy management and 35 306 38 623 35 771 37 380 governance TOTAL 1 006 499 1 062 641 1 060 244 1 107 061 Source: Presentation to the PC on Employment and Labour dated 23 March 2022 The total budget of the CCMA for 2022/23 financial year is R1.1 billion (R1 062 641 000).
Programme 4 received the highest programme allocation of R761.6 million or 71.7%, followed by programme 1 at R228.5 million or 21.5%.

3.3.

National Economic Development and Labour Council (NEDLAC) 32 The National Economic Development and Labour Council (NEDLAC) was established through the National Economic Development and Labour Council Act, Act 35 of 1994, and it operates in terms of its constitution and protocols.
NEDLAC’s objectives are: • To strive to promote the goals of economic growth, participation in economic decision- making and social equity.

• To seek to reach consensus and conclude agreements on matters pertaining to social and economic policy.

• To consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament.

• To consider all significant changes to social and economic policy before they are implemented or introduced in Parliament.
• To encourage and promote the formulation of coordinated policy on social and economic matters.

NEDLAC identified the following government priorities as relevant to it for the Medium Term Strategic Framework (MTSF) 2019 – 2024: • Priority 1: Economic transformation • Priority 2: A capable, ethical and developmental State.
With regard to priority one, NEDLAC’s goal is to contribute to the achievement of decent work and the economic growth targets, as set out in the National Development Plan (NDP) and the New Growth Path (NGP), and contribute to the reduction of social inequity, as measured by the Gini coefficient.

With regard to priority two, NEDLAC aims to improve governance, leadership and secretariat performance as measured by a reduced number of relevant audit findings, and increased levels of stakeholder satisfaction.
The Annual Performance Plan of NEDLAC for 2022/23 is as reflected in the following paragraphs.

3.3.1.

Annual Performance Plan for 2022/23 financial year 3.3.1.1.

Programme 1: Administration The annual targets of the Administration programme are as follows: • To obtain an unqualified audit opinion.

33 • To receive over 75% positive responses in an annual stakeholder satisfaction survey.

• To implement 90% of annual facilities management plan.

• To resolve 100% of IT complaints within agreed timeframes.
• To spend 80% of training budget.

• To award 100% of contracts to suppliers within two months of closing date of advert.

• To meet 80% of milestones for the achievement of the Governance Task Team for 2022/23 year.

• To deliver legislative and policy tracker report twice per annum.

3.3.1.2.

Programme 2: Core-operations/ Programmes The annual targets for this programme are: • To release 100% of dialogues reports within 14 working days of convening a dialogue.
• To successfully conclude 75% agreements within nine months of the issues being tabled unless otherwise agreed.

• To conclude 100% of reports within six months of the issue being tabled.

• To conclude 100% section 77 Standing Committee reports within five days of the resolution of the matter.

3.3.1.3.

Programme 3: Capacity-building The annual target for this programme is: • To complete 70% of planned constituency capacity building interventions.

3.3.2.
3.3.2.

Expenditure budget of NEDLAC for 2022/23 and the MTEF Table 8: 2022/23 NEDLAC Budget Information Programme 2022/23 2023/24 2024/25 1.

Administration 2.

3.

Core-operations Capacity building TOTAL R’000 R’000 45 095 7 198 7 500 59 793 45 362 7 198 7 500 60 060 R’000 47 176 8 081 7 500 62 757 Source: Presentation to the PC on Employment and Labour dated 23 March 2022 34 The total budget allocation for 2022/23 financial year amounted to R59.8 million.
More than half of the budget, which is R45.1 million or 75.4% is allocated to the Administration programme.

3.4.

The Compensation Fund (CF) The mandate of the CF is derived from section 27(1)(c) of the Constitution of the Republic of South Africa.

In terms of this section, all South Africans have a right to social security.

The CF is mandated to provide social security to all injured and diseased employees.
The CF is established in terms of section 15 of the Compensation for Occupational Injuries and Diseases Act (COIDA) as amended.

The main objective of the Act is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees or for death resulting from such injuries or diseases and provide for matters connected therewith.

3.3.1.
3.3.1.

Strategic Plan 2020/21 – 2024/25 The CF is responding to the three Medium Term Strategic Framework (MTSF) priorities to deliver its vision and to help realise the objectives of the National Development Plan (NDP) 2030 over its five- year term.

The priorities are: • Priority 1: Capable, ethical and developmental State; • Priority 2: Economic transformation and job creation; and • Priority 4: Consolidating the social wage through reliable and basic services.
Impact statement of the CF includes: • Sound and sustainable control environment, transformed financial sector, enhanced institutional capacity to deliver and improve accessibility and visibility of COID services.

• Sustainable CF based on ethical principles.

• Ethical, effective, efficient, accessible and cost effective compensation of beneficiaries.

• Reliable, efficient and cost-effective medical benefits system.
• Efficient, effective and reliable rehabilitation and return to work services for the promotion of rights of injured workers with disabilities.

3.3.1.1.

Strategic Priorities of the CF and Five Year MTSF Targets 35 The strategic priorities of the CF are as follows: (1) To improve the system of internal control and maintain financial soundness • 95% of received return of earnings assessed.

• 10% increase in assets per annum.


• Unqualified audit opinion obtained by 31 March 2024 • 100% elimination of wasteful and fruitless expenditure by 31 March 2024.

• 75% reduction of irregular expenditure by 1 March 2024.

• 95% resolution of reported incidents of corruption by 31 March 2024.

• To establish the ethics committee and adhere to terms of reference.
(2) To ensure appropriate that benefits are delivered to intended beneficiaries, efficiently and at a reasonable cost • Support the implementation of the integrated claims management system by 31 March 2023.

• To adjudicate 95% of compensation claims.

• To finalise 95% of compensation benefits.

• To implement 100% of the visibility and accessibility programme by 31 March 2025.
(3) Contribute to employment and economic growth through rehabilitation and re-integration • To finalise 95% of medical benefits.

• To enrol 90% of severely injured workers into rehabilitation programmes.

(4) Improve operational efficiency through process reengineering and technological innovation • Support the implementation of the integrated claims management system by 31 March 2023.

(5) Develop the capacity of the CF to deliver according to its mandate • 8% vacancy rate by March 2025.
• 100% implementation of the visibility and accessibility programme by 31 March 2025 (6) Embed ethical culture and zero tolerance to fraud and corruption • 80% resolution of reported incidents of corruption by 31 March 2025.

• Establish ethics committees and adhere to terms of reference.

36 3.3.2.

Annual Performance Plan 2022/23 3.2.2.1.


Programme 1: Administration This programme aims to achieve the following targets in the 2022/23 financial year: • To allocate 6% of assets under management to black asset managers annually.

• To allocate R250 million Funds to Small and Medium Enterprises annually.

• To create 1500 decent jobs through jobs summit initiatives annually.

• To create 100 jobs through the Presidential Comprehensive Youth Employment interventions.
• To increase the assets of the Fund by 10%.

• To receive no worse than a qualified audit opinion.

• To reduce 75% of wasteful and fruitless expenditure.

• To reduce 45% of irregular expenditure annually.

• To implement 20% of programmes in the approved visibility and accessibility strategy.

• To investigate 70% of reported cases of fraud annually.

• To develop the ethics strategy.

• To reduce the vacancy rate to 9%.


• To produce four quarterly reports and one annual report on monitored performance of Mutuals reporting to the Fund.

3.2.2.2.

Programme 2: COID Services This programme aims to achieve the following targets in the 2022/23 financial year: • To assess 87.5% of received return of earnings annually.

• To adjudicate 90% of claims received within 30 working days.

• To pay 90% of approved benefits within 5 working days.

3.2.2.3.
3.2.2.3.

Programme 3: Medical Benefits This programme aims to achieve the following targets in the 2022/23 financial year: • To finalise 95% of requests for pre-authorisation of Specialised Medical Interventions within 10 working days of receipt of accepted claims.

• To finalise 80% of accepted medical invoices within 30 working days of receipt.

37 3.2.2.4.
37 3.2.2.4.

Programme 4: Orthotic and Rehabilitation Services This programme aims to achieve the following targets in the 2022/23 financial year • To finalise 90% of requests for assistive devices within 15 working days.

• To fund 895 learners annually at post school education and training institutions.

• To fund 200 persons with disabilities annually for vocational rehabilitation programme.

3.2.3.
Budget of the Compensation Fund for the MTSF 2021/22 – 2023/24 Table 9: Budget of the Compensation Fund Programme 2021/22 R’000 2022/23 R’000 2021/22 to 2022/23 Average Growth Administration COID Services Medical Benefits Orthotic and Medical Rehabilitation TOTAL 7 273 397 1 691 846 4 586 073 229 901 % 6 308 840 1 944 820 4 661 073 486 415 13 781 216 13 401 149 -15% 13% 2% 53% -3% Source: Presentation to the PC on Employment and Labour dated 30 March 2022 The total budget for 2022/23 financial year is R13, 40 billion, which is a decrease of 3% from the R13.78 allocated in 2021/22.
3.4.

Unemployment Insurance Fund (UIF) The Constitutional mandate of the UIF is derived from section 27(1)(c) of the Constitution of the Republic of South Africa.

• The UIF provides social security to its contributors in line with section 27(1)(c); which states: “everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance”.
The UIF administers the following legislation: 38 • The Unemployment Insurance Act (Act No.

20 of 2001) as amended, which empowers the UIF to register all employers and employees for unemployment insurance benefits.

• The Unemployment Insurance Contributions Act (Act No.

4 of 2002), which provides for the imposition and collection of contributions for the benefit of the UIF.
The Unemployment Insurance Fund (UIF) contributes to the following government priorities: • Priority 1: A capable, ethical and developmental State • Priority 2: Economic transformation and job creation • Priority 4: Consolidating social wage through reliable and basic service 3.4.1.

Strategic Plan of the UIF 2020 - 2025 The Strategic Plan of the UIF is as outlined in the following paragraphs.

3.4.1.1.
3.4.1.1.

Five year indicators and targets per government priority Priority 1: A capable, ethical and developmental State.

Table 10: Indicators and targets per Priority 1 Outcome Outcome Indicator Baseline Five year target 1.
Functional Improved audit opinion AGSA findings: 100% of external audit and efficient obtained from the 29/68=43% as at 31 action plans UIF Auditor-General March 2021 implemented by 31 Improved turnaround 99.9% (2036/2039) of 100% of invoices paid time to pay suppliers invoices were paid within 30 calendar days March 2025 within 30 days as at 31 of receipt by 31 March March 2021 2025 Improved turnaround 31% of COVID-19 cases 95% of cases finalised time to resolve reported finalised within 60 days within 90 working days incidents of fraud and (71/227 COVID-19 by 31 march 2025 corruption cases finalised within 60 39 days) as at 31 March 2022 Improved Claims System handover Fully functional Management System payment approved by integrated Claims the National Treasury.
Management System There were contractual deployed by 31 March issues that delayed 2023 handover and system testing processes as at 31 March 2021 Increased verification of 49 of 1998 identified 14 122 identified identified COVID-19 COVID-19 TERS cases COVID-19 TERS TERS payments verified as at 31 March payments verified by 2021 31 March 2025 2.
Strengthened Improved human 7.1% vacancy rate (43 ≤3% by 31 March 2025 institutional resource capacity posts/602) capacity of the Fund 602=establishment 559=filled post 43=vacant as 31 March 2021 Source: Presentation to the PC: Employment and Labour dated 30 March 2022 Priority 2: Economic transformation and job creation Table 11: Indicators and targets per Priority 2 Outcome Outcome Indicators Baseline Five year target 1.
More decent jobs Improved participation of 13381 as at 31 75000 beneficiaries created and beneficiaries in March 2021 participating in sustained.
employability programmes employability programmes by 31 March 2025 40 Sustainable enterprises New indicator 90% of projects funded monitored by 31 march 2025 Improved turnaround 23% (3 90% of valid TERS time to approve or reject approved/rejected applications approved valid TERS applications out of 13 received) or rejected by the of applications delegated authority approved or within 20 working days rejected by 31 March 2025 Source: Presentation to the PC: Employment and Labour dated 30 March 2022 Priority 4: Consolidating the social wage through reliable and quality basic services Table 12: Indicators and targets per Priority 4 Outcome Outcome Baseline Five year target Indicator 1.
An Improved social 87% within 15 working days 95% of valid inclusive security coverage (855 686/984 498) as at 31 unemployment benefit and responsive social security coverage March 2021 claims with complete, accurate and verified information approved or rejected within 15 working days by 31 March 2025 87% within 10 working days 95% of valid in-service (91 427/105 189) as at 31 benefit claims (maternity march 2021 illness and adoption) with complete, accurate and verified information approved or rejected within 7 working days by 31 31 March 41 85% within 20 working days 95% of valid deceased (11 284/13 212) as at 31 benefit claims with March 2021 complete, accurate and verified information approved or rejected within 10 working days by 31 March 2025 99% within 5 working days 100% of complete, accurate (3069077/3106426) as at 31 and verified benefit March 2021 payment documents created after receipt within 2 working days by 31 March 2025 99% within 1 working day 100% of new companies (54 842/55 371) as at 31 with complete, accurate and March 2021 verified information created with registration document (UI 54) within 1 working day by 31 March 2025 Source: Presentation to the PC: Employment and Labour dated 30 March 2022 The Annual Performance Plan of the UIF is as outlined in the following paragraphs.
3.4.2.

Annual Performance Plan of the UIF for 2022/23 Table 13: 2020/21 Budget and MTEF Estimates Programme Revised Medium Term Expenditure Estimate Estimate 2021/22 2022/23 2023/24 2024/25 R’000 R’000 R’000 R’000 1.

Administration 3 103 099 4 008 924 3 324 042 2 639 955 2. Business Operations 40 834 519 26 509 469 22 155 453 22 805 899 42 3.
Labour Activation 2 376 306 3 158 495 3 015 794 3 053 517 Programme Total 46 313 924 33 676 888 28 495 289 28 499 371 Source: Presentation to the PC: Employment and Labour dated 30 March 2022 The Annual Performance Plan of the UIF per Programme is as follows: 3.4.2.1.

Programme 1: Administration The purpose of the Administration programme is to provide management, strategic and administrative support services to management.

This programme received a budget of R4.008 billion in 2022/23 financial year.
The annual performance targets for this programme are: • To implement 100% of external audit action plans.

• To finalise 90% of fraud and corruption cases within 90 working days.

• To pay 100% of valid invoices within 30 calendar days of receipt.

• To reduce the vacancy rate to not more than 3%.

• To deploy a fully functional Integrated Claims Management System (ICMS).

• To verify 1 122 identified COVID-19 TERS payments 3.4.2.2.
Programme 2: Business Operations The purpose of this programme is to collect contributions and pay benefits.

This programme is allocated R26.509 billion in 2022/23 financial year.

The annual performance targets for this programme are: • To create 97% of new companies with registration document (UI 54) within 1 working day.

• To create 95% of complete, accurate and verified benefit payment documents within 3 working days.
• To approve or reject 92% of valid unemployment benefit claims with complete, accurate and verified information within 15 working days.

43 • To approve or reject 92% of valid in-service benefit claims (maternity, illness and adoption) with complete, accurate and verified information within 10 working days.

• To approve or reject 92% of valid deceased benefit claims with complete, accurate and verified information within 20 working days.

3.4.2.3.
3.4.2.3.

Programme 3: Labour Activation Programme The purpose of this programme is to enhance employability, enable entrepreneurship and preserve jobs through labour market integration measures that seek to retain or reintroduce contributors into employment.

This programme is allocated R3.158 billion in the 2022/23 financial year.

The annual performance targets of this programme are: • To have 90% of valid TERS applications approved or rejected by the delegated authority within 20 working days.
• To have 15 000 beneficiaries participating in employability programmes.

• To monitor 90% of funded projects.

3.5.

Key Risks Table 14: Key Risks and Risk Mitigation OUTCOME RISK RISK MITIGATION Inability by the UIF to enhance Implementation of TERS employability of UIF contributors, retention of Funding agreements to be workers and re-introduction of signed with project partners workers into employment.
Ineffective implementation of Approved LAP Labour Activation Programme mandate/strategy (LAP) More decent jobs created and sustained Approved standard operating procedures for all programmes (TERS, BT&R, Employability and ED) 44 Ineffective monitoring owing to Sourcing of interim capacity for poor capacity LAP Breach of contract by LAP Enforcement of the breach of implementing partners (e.g.
contract clause failure to place recruits at end of contract) Fraud and corruption Review fraud prevention strategy Review policies and procedures Non-compliance with the Implementation of the Business claims turnaround times Operations Standard Operating Procedures An inclusive and responsive Inadequate human capacity Filling of vacancies social security coverage Implementation of the fit-for- purpose structure ICT challenges Implementation and monitoring of the SAP ICT project plan Integration of the virtual office and Siyaya in the interim Ineffective expenditure Review finance policy and measures leading to financial procedures aligned to relevant loss legislation Poor investment decisions and Development, implementation returns and monitoring of an Investment Strategy Functional and efficient UIF Pressure to fund ad hoc Mobilisation of Minister and benefits/relief payments Cabinet support for (leading to the Fund’s limited/stringent consideration compromised financial of ad-hoc benefit/relief projects sustainability) Poor resolution success of audit Implementation and monitoring findings of the Audit Action Plan 45 ICT challenges Implementation and monitoring of the SAP ICT project plan UIF not having HR strategy to Revised organisational support the organisational structure strategy Approved business processes Strengthened institutional Management instability Implementation of change capacity of the Fund management programme ICT challenges Implementation and monitoring of the SAP ICT project plan Source: Presentation to the PC on Employment and Labour dated 30 March 2022 4.
COMMITTEE OBSERVATIONS The Committee made the following observations: 4.1.

DEL and SEE • The official unemployment rate increased by 0.4% from 34.9% in the third quarter of 2021 to 35.3% in the fourth quarter of 2021.

This is the highest unemployment rate since the start of the QLFS in 2008.

The unemployment rate according to the expanded definition of unemployment decreased by 0.4% from 46.6% in third quarter of 2021 to 46.2% in the fourth quarter of 2021.
The COVID-19 lockdown contributed to the increase in unemployment rate, since more than two million jobs were reported to have been lost during the period.

• The budget of the Department increased from R3.81 billion in 2021/22 to R3.95 billion in 2022/23 financial year.

However, the budget of the Public Employment Services programme decreased from R993.15 million in 2021/22 to R935.39 in 2022/23 financial year.
In terms of Economic Classification, the budget for Compensation of Employees decreased from R1.440 billion in 2021/22 to R1.430 billion in 2022/23 financial year.

• The budget for Compensation of Employees constitute 36% of the total budget of the Department, while Goods and Services budget is 18% of the total budget.

• The SEE is not benefiting from any source of preferential treatment from the State, despite the Committee recommendations.

46 4.2.
46 4.2.

Productivity SA • Productivity SA is still receiving its budget from multiple sources.

• South Africa is ranked number 62 out of 63 countries in terms of world competitiveness index.

• The top ten countries in world competitiveness index have national productivity strategies.

4.3.

CCMA • CCMA offices will open for walk-ins on 01 May 2022.

• CCMA expect an increase in the number of case referrals as the economy is gradually opened.
• The budget of the CCMA increased from R1.006 billion in 2021/22 to R1.062 billion in 2022/23 financial year.

It is projected to decrease to R1.060 in 2023/24 financial year.

• The suspension of the utilisation of part-time commissioners due to budget constraints had an impact on the capacity of the CCMA to deal with all referrals received and impacted on turnaround of hearing arbitrations.
This factor did not negatively affect the statutory timeframes for rendering arbitration awards, but the organisation took longer to hear and finalise arbitrations.

4.4.

NEDLAC • NEDLAC is involved in drafting of the social contract that was announced by the President of the country that it will be concluded within 100 days.

• Some agreements that are concluded at NEDLAC are not followed by legislation to ensure that they are realised.

4.5.
4.5.

CF • There are plans to review the organisational structure of the Compensation Fund so as to improve its efficiency.

• The report of the forensic firms appointed after an order by SCOPA to probe the Compensation Fund is awaited.

4.6.

UIF • There are plans to review the organisational structure of the UI Fund so as to improve its efficiency.

47 • The services of the UIF have been decentralised from Head Office to labour centres.

The Director for UIF operations will be appointed in each province.
• The Fund appointed eleven follow-the-money companies to verify COVID-19 TERS payments.

• The Labour Activation Programme has been repurposed to focus on demand led training.

The revitalisation of this programme is aligned to the expanded mandate of the Department.

• The Fund had a meeting with the Public Investment Corporation (PIC) CEO on 29 March 2022 where it requested a report on investments.

The PIC is expected to provide the report and action plan within 14 days.
• There is still a problem of long queues of UIF clients in labour centres.

• The Auditor General of South Africa (AGSA) found that sustainability of the Fund is under threat if it continues on the current trajectory.

5.
5.

COMMITTEE RECOMENDATIONS In view of the above observations, the Committee recommends that the Minister of Employment and Labour considers the following: 5.1 Department of Employment and Labour and SEE • Ensuring that the initiatives of the Department are aligned to its expanded mandate of job creation.

• The Department must work with National Treasury to ensure that that SEE receive preferential procurement status from government departments.
• SEE must provide the Committee with the marketing strategy of the entity.

• That people with disabilities that work for SEE are provided with transport to and from work.

• That the Department reviews legislation that hinders job creation by small businesses.

• The Public Employment Services branch of the Department is restructured and repurposed for job creation, including interdepartmental and private sector activities.
• Ensuring a more comprehensive package of benefits is provided for SEE workers to improve their working conditions.

5.2 Productivity SA • Ensuring that the Productivity SA single source funding plan is finalised.

• Ensuring that the Productivity SA receives its budget timeously.

48 • Productivity SA has to develop the National Productivity Strategy to improve productivity levels in the country, engaging with social partners at Nedlac.

Outsourcing of development of the strategy has to be considered.
5.3 CCMA • Ensuring that additional funding is made available to enable the entity to fully execute its statutory mandate.

• Ensuring that the services of the entity are decentralised to Labour Centres.

• Ensuring that digitisation of the CCMA does not leave out those members of society who don’t have access to technology.

5.4 NEDLAC • Ensuring that NEDLAC take heed of the Constitutional Court judgement on Preferential Procurement Regulations.
• The Governance Task Team finalise its work of ensuring that NEDLAC structure is fit-for- purpose and table its report before the Committee.

• NEDLAC has to consider amendments to legislation to encourage working from home so as to ensure that gains made as a result of COVID-19 are not lost.

5.5 CF • Ensuring the speedy review of the Compensation Fund organisational structure so as to improve its efficiency.
• Ensuring that the report of the forensic firms appointed after an order by SCOPA to probe the Compensation Fund is made available to this Committee.

• Ensuring that the Fund continues to provide quarterly progress report on the implementation of its Action Plan.

5.6 UIF • The Fund has to provide feedback to the Committee on Public Investment Corporation (PIC) investments.

• Ensuring that plans to review the organisational structure of the UI Fund are speeded up so as to improve its efficiency.
The efficiency of administration at labour centres specifically with regards to the receipt and timeous processing of claims documents must be improved in repeated resubmission of documents.

• Legal action for moneys lost in Public Investment Corporations (PIC) investments is taken.

49 • Companies that defrauded the UIF with regard to TERS are exposed and that the Committee should receive quarterly updates on investigations.
The Department of Employment and Labour should report back to the Portfolio Committee on Employment and Labour on progress made with regard to the above-mentioned recommendations within one month after the report has been adopted in the National Assembly.

The COVID-19 lockdown contributed to shedding of about 2.2 million jobs, which threatens sustainability of UI funds.

Report to be considered.

50 2.


REPORT OF THE PORTFOLIO COMMITTEE ON HIGHER EDUCATION, SCIENCE AND INNOVATION ON BUDGET VOTE 35: SCIENCE AND INNOVATION (2022/23), DATED 13 MAY 2022.

The Portfolio Committee on Higher Education, Science and Innovation, having considered Budget Vote 35: Science and Innovation, the revised 2020-2025 Strategic Plans and 2022/23 Annual Performance Plans of the Department of Science and Innovation and selected entities, reports as follows: 1.
INTRODUCTION The Constitution of the Republic of South Africa, 1996 and the Rules of Parliament mandates the Portfolio Committee on Higher Education, Science and Innovation (hereafter, the Committee) to oversee the activities and performance of the Department of Science and Innovation (hereafter, the Department or DSI) and the entities that report to it.
Hence, the Committee annually reviews whether the Department and entities’ performance plans are aligned to national strategic objectives and the appropriated budget.

The Department, National Advisory Council on Innovation (NACI) and the Technology Innovation Agency (TIA) briefed the Committee on 22 April 2022.
The Academy of Science of South Africa (ASSAf), South African Council for Natural Scientific Professions (SACNASP) and the South African National Space Agency (SANSA) briefed the Committee on 6 May 2022.

These briefings provided the Committee with an overview of the strategic context within which the Department and these entities function, their achievements against strategic objectives, the 2022/23 performance indicators and their concomitant targets and the 2022/23 budget allocations.

2.
2.

STRATEGIC OVERVIEW OF THE DEPARTMENT OF SCIENCE AND INNOVATION 2.1.

National Development Plan and the 2019-2024 Medium Term Strategic Framework The National Development Plan (NDP) characterises science, technology and innovation (STI) as crucial for development since countries that have effectively alleviated poverty by growing their economies, have done so by investing in and developing strong STI environments and capabilities.
Hence, the NDP states that South Africa’s National System of Innovation (NSI) needs to be expanded as well as be more effective Page 1 51 and, therefore, be aligned with the sectors that will realise the country’s growth objectives.
This requires that: • • South Africa invests more in research and development (R&D); The STI institutional arrangement improves the link between innovation and the productive needs of industry; • Government should collaborate with the private sector to raise the level of research, development and innovation (RDI) in companies; and • Public investments in research infrastructure should be focussed on and fulfil the needs of a modern economy.
The NDP proposes a phased approach to embed the contribution of STI to economic growth.

The first phase (2012-2017) focused on intensifying R&D spending and emphasising opportunities linked to existing and emerging industries.

The second phase (2018-2023) is focused on laying the foundations for more intensive improvements in productivity, where innovation across state, business and social sectors starts to become pervasive.
The third phase (2024-2030) will focus on consolidating the gains of the second phase with greater emphasis on innovation, improved productivity, more intensive pursuit of a knowledge economy and better exploitation of comparative and competitive advantages in an integrated continent.
The 2019-2024 Medium Term Strategic Framework (MTSF), representing the second five-year phase of implementation for the NDP, aims to address the national challenges through three pillars; namely, achieving a more capable state; driving a strong and inclusive economy; and building and strengthening the capabilities of South Africans.

These three pillars underpin the seven priorities of the 2019-2024 MTSF.
Although the apex priorities are all interrelated, the Department’s focus and commitments are mainly on Priority 2 (Economic transformation and job creation) and Priority 3 (Education, skills and health).

2.2.
2.2.

2019 White Paper on Science, Technology and Innovation The 2019 White Paper on Science, Technology and Innovation now sets the current long-term policy direction for the NSI and seeks to ensure an increasing role for STI to accelerate inclusive economic growth, increase the competitiveness of the economy and improve the livelihoods of South Africa’s citizens.
Page 2 52 The 2019 White Paper hinges on three high-level goals; namely to, take advantage of opportunities presented by megatrends and technological change; expand policy approaches that have worked and propose new approaches, where necessary; and promote a more inclusive economy at all levels.
These goals are underpinned by the following objectives: • • • • • • • • Adopt a whole-of-government/society approach to innovation; Instil a culture of valuing STI, and integrate STI into government planning and budgeting at the highest levels; Create an enabling and inclusive governance environment; Create a more innovation-enabling environment; Increase and transform NSI human capabilities; Expand and transform the research system; Expand and transform the institutional landscape; and Increase funding and funding efficiencies.
The 2021-2031 STI Decadal Plan will serve as the implementation plan for the 2019 White Paper.

Cabinet approved the Draft STI Decadal Plan on 24 March 2021.
To realise the potential contribution of innovation to South Africa’s socio-economic ambitions, the Decadal Plan prioritises a suite of systemic enablers such as (i) increased funding, (ii) joint programming and coordination, (iii) high level and technical skills for the economy, (iv) transdisciplinary knowledge creation, (v) increased linkages between government and business, and (vi) improved monitoring and evaluation.

The Department hopes to finalise the Decadal Plan by mid-year 2022.

2.3.
2.3.

Economic Reconstruction and Recovery Plan The COVID-19 pandemic presents an opportunity to address long-term structural deficiencies in the South African economy and place the economy on a new path to growth and job creation.
The South African Economic Reconstruction and Recovery Plan (ERRP) aims to forge this new growth path, which will rely on the massive rollout of infrastructure; a new paradigm for energy; an employment stimulus to create jobs and support livelihoods; renewed support to grow South African businesses; and fast-track reform measures for a competitive and inclusive economy.
Page 3 53 Science, technology and innovation is central to building this new economy, and the Department through its six 2020-2025 Strategic Outcomes comprehensively supports the priority areas of the ERRP.

In this regard, continued long-term investment in RDI in South Africa over the years will be leveraged to contribute to economic reconstruction and recovery in three areas.
Namely: • • • RDI to revitalise and modernise existing industries/sectors; RDI that creates new sources of growth and stimulates R&D-led industrial development; and RDI in support of a capable and developmental state.

The key sectors that will be supported, mainly through supporting sector master plans, include agriculture, mining and minerals beneficiation, and manufacturing.

2.4.
2.4.

2020-2025 Strategic Plan of the Department of Science and Innovation The Department, building on the successes of the previous 5-year period and to ensure that the NSI expands its positive impact on reducing poverty, inequality and unemployment as envisioned by the 2019 White Paper, identified six Strategic Outcomes for the period 2020-2025.
The Department tabled a revised 2020- 2025 Strategic Plan that is underpinned and informed by the prevailing policy and environmental context that includes the key interventions advanced by the Decadal Plan, the revised 2019-2024 MTSF, the continued need to support the national response to COVID-19, the Department’s contribution to the ERRP, and the confirmed and projected cuts to fiscal resources announced by National Treasury.
As a result, the Department’s overall number of 5-year targets was reduced from 24 to 20.

The 2020-2025 five-year targets that fall away are: Outcome 3: Increased knowledge generation and innovation output • Percentage increase in patent applications and design applications filed from publicly financed R&D, where targets were set for both patents (50% increase on a baseline of 799 patents) and designs (60% increase on a baseline of 30 designs).
Outcome 6: Innovation in support of a capable and development state Page 4 54 • Increase in the number of use cases of decision support systems (75 use cases on a baseline of 41).

Decision support systems include methodologies, models and tools to support evidence-informed decision-making.

• Evidence informed integration of innovation in service delivery (five (5), new indicator).
Evidence informed integration of innovation in service delivery draws from demonstrator projects and science- for-policy initiatives.

The evidence is key in providing approaches/models to harness innovation in service delivery and as such, can facilitate and support policy changes, service delivery implementation models, etc.
Table 1: The 2020-2025 five-year targets that were amended are: Outcome Original Indicator Original 5-year Target 4: Outcome Knowledge utilisation economic development in (a) revitalising existing industries for Outcome Knowledge utilisation inclusive development 5: for Percentage increase in SMMEs/co-ops whose performance has improved or who have secured new opportunities through support provided by the DSI and entities Percentage increase in the commercialisation of granted intellectual property from (IP) rights financed publicly R&D Grassroots innovations whose commercialisation has been facilitated by the support/access of the multi-tiered support package provided by the DSI and its entities 5% increase (175 in number) an unverified estimate of 3 500 on 100% increase on a baseline of 28 500, from a baseline of 100 Publicly financed IP made available in support of grassroots innovators 50 and listed as a new indicator; hence, no baseline is available Revised Indicator in Percentage investment SMMEs/co- operatives/start-ups to new secure opportunities through support provided by the DSI and its entities Number of new commercialised disclosures publicly research development from financed and Revised 5-year Target 3% increase (84 in number) a verified estimate of 2 800 on 75 and listed as a indicator; new hence, no baseline is This available.
has target since increased 100% of 28 is 56. of Number grassroots innovations whose commercialisation has been facilitated by the support/access of the multi-tiered support package provided by the DSI and its entities Number grassroots innovators provided to publicly access financed IP (innovative solutions of Reduced to 180 from a baseline of 100 Increased to 250 and listed as a new indicator; hence, no baseline is available Page 5 55 Outcome Original Indicator Original 5-year Target Revised 5-year Target Revised Indicator patents, and/or rights, and designs) by the DSI Hence, the revised six Strategic Outcomes are: Outcome 1: A transformed, inclusive, responsive and coherent NSI The four outcome indicators against which performance will be measured are: i) Number of formalised partnerships between different category actors of the NSI that advance Decadal Plan priorities; ii) Number of missions introduced and adopted by Cabinet that crowd in resources and capabilities across the NSI; iii) Percentage of STI investment support by government, domestic business, non-governmental sector and foreign/international sources that advances gross expenditure on R&D (GERD) towards 1.1% of GDP; and iv) Number of approved strategies that give effect to the agreed dimensions of transformation to be effected in the NSI.
Outcome 2: Human capabilities and skills for the economy and for development The five outcome indicators against which performance will be measured are: i) Number of Department-funded PhDs graduating annually as a contribution to the NDP target of 100 PhDs per million population by 2030; ii) Number of artisans and technicians absorbed into the economy in sectors where the Department has active programmes; iii) Percentage of women and black researchers in South Africa’s research workforce; iv) Percentage of PhD-qualified staff in higher education research and academic workforce; and v) Improved knowledge about science among the public.
Outcome 3: Increase knowledge generation and innovation output The two outcome indicators against which performance will be measured are: i) Percentage of South Africa’s share of global publication outputs; and Page 6 56 ii) Percentage of prototypes, technology demonstrators and pilot plants that advance industrialisation through innovation.
Outcome 4: Knowledge utilisation for economic development in (a) revitalising existing industries and (b) stimulating R&D-led industrial development The four outcome indicators against which performance will be measured are: i) Rand value of RDI investment attracted to support RDI needs identified through the sectoral masterplans process; ii) Percentage investment in Small, Medium and Micros Enterprises (SMMEs), Co-operatives or Start- ups to secure new opportunities through support provided by the Department and its entities; iii) Number of new commercialised disclosures from publicly financed research and development R&D; and iv) Number of new R&D-led industrial development opportunities initiated by the Department.
Outcome 5: Knowledge utilisation for inclusive development The two outcome indicators against which performance will be measured are: i) Number of grassroots innovations whose commercialisation has been facilitated by the support/access of the multi-tiered support package provided by the Department and its entities; and ii) Number of publicly financed IP made available (accessible) in support of grassroots innovators.
Outcome 6: Innovation in support of a capable and development state The two outcome indicators against which performance will be measured are: i) Number of demonstrators that have successfully introduced a new way of delivering a service; and ii) Number of districts/metropolitan municipalities supported with technology-based applications as part of the District Development Model for Service Delivery Improvement.

3.
3.

VOTE 35: SCIENCE AND INNOVATION (2022/23) In his weekly newsletter in January 2022, the President stated that science and technology have a key role to play in the country’s economic recovery; in attracting greater levels of investment; and in contributing to skills, knowledge and technology transfer to capacitate the country’s workforce.
The President further stated that investment in STI to revitalise and modernise existing industries, as well as create new sources of growth Page 7 57 and stimulate industrialisation is therefore being prioritised.

In the 2022 State of the Nation Address (SONA), the President stated that the overriding priorities of 2021 remain.
These are (i) overcoming the coronavirus pandemic, (ii) the massive rollout of infrastructure, (iii) a substantial increase in local production, (iv) an employment stimulus to create jobs and support livelihoods and (v) the rapid expansion of energy generation capacity.

In relation to the challenges facing the country, STI is central to finding solutions to most of these and the President enumerated a number of examples.
For instance, the strides made through the Hydrogen South Africa Strategy to position the country within the global hydrogen economy; the development of local capability in vaccine and ventilator production; and the technical expertise developed in agro-processing and renewable energy.
The 2022/23 consolidated government expenditure for innovation, science and technology is R18.1 billion (R17.3 billion in 2021/22, revised estimate), which is 1% of the total Medium Term Expenditure Framework (MTEF) allocation and 8% of the consolidated economic development expenditure of R227.1 billion.
Over the medium-term, the Department will focus on developing human capital, ensuring the effective use of publicly funded intellectual property, implementing the national space strategy, and implementing the national integrated cyberinfrastructure system (NICIS).

The Department’s allocation, over the medium term, is expected to increase at an average annual rate of 2.4%, from R9 billion in 2021/22 to R9.7 billion in 2024/25.
Transfers to entities account for an estimated 93.7% (R26.3 billion) of the Department’s expenditure over the MTEF period.

The Department’s second‐largest cost driver is compensation of employees, where spending is set to increase at an average annual rate of 1%, from R363.3 million in 2021/22 to R374.5 million in 2024/25.
The Research and Development Tax Incentive will be extended in its current form until 31 December 2023 to allow for certainty and planning while National Treasury continues its stakeholder engagement process during 2022 on the future continuation of the incentive.

The extension and potential amendments are included in the 2022 Taxation Laws Amendment Bill.

3.1.
3.1.

2022/23 Budget Allocation to Vote 35: Science and Innovation The Department’s 2022/23 budget allocation increases nominally by R127.7 million from R9 billion in the 2021/22 financial year to R9.1 billion (Table 2).

This represents, when adjusted for inflation, a real decrease Page 8 58 of 2.95% (real increase of 17.8% realised in 2021/22).

In terms of economic classification, the apportionment of the Department’s 2022/23 budget allocation of R9.1 billion remains the same as in previous years.
Hence, the budget allocation comprises Current payments of R577.6 million (6.3% of total allocation and R569.3 million in 2021/22), Transfers and subsidies of R8.6 billion (94.5% of total allocation and R8.4 billion in 2021/22), and Payments for capital assets of R3 million (0.03% of total allocation and unchanged from 2021/22).
Notable changes in the 2022/23 budget allocation to Transfers and subsidies include: Transfers and subsidies to Departmental agencies and accounts (current payments): • • The allocation for Innovation projects research increases from R402.4 million to R519.4 million.

The allocation for Space science research from the Economic Competitiveness and Support Package (ECSP) decreases from R63.3 million to R33.3 million.
• The allocation to various institutions for Astronomy R&D increases from R25.6 million to R41.7 million.

• The allocation to various institutions for Strategic science platforms for R&D increases from R170.2 million to R241.3 million.

• The allocation to various institutions for Innovative R&D decreases from R77.2 million to R49.6 million.

• The allocation to various institutions for Environmental innovation decreases from R87.7 million to R34.2 million.
Transfers and subsidies to Departmental agencies and accounts (capital payments): • The allocation to various institutions for Infrastructure projects for R&D increases from R758.3 million to R861.6 million.

• The allocation to the National Research Foundation (NRF): Square Kilometre Array Capital contribution to research decreases from R1 billion to R830.2 million.
Transfers and subsidies to Non-profit institutions (current payments): • The allocation to various institutions for Health innovation research decreases from R87.5 million to R54.9 million.
Table 2: Budget summary of the Department of Science and Innovation Page 9 59 Programme 2021/22 Adjusted appropriation (R’ million) 2022/23 Budget allocation (R’ million) Percentage of total budget Nominal percentage change in 2021/22 Real percentage change in 2022/23 (inflation- adjusted) Number of performance targets Technology International and 1.

Administration 2.

Innovation 3.

Cooperation Resources 4.

Development Support 5.
Socioeconomic Innovation Partnerships Total Research, and 334.7 335.1 3.7 1 705.3 1 784.1 19.5 144.4 149.9 1.6 4 995.6 5 105.0 55.9 0.1 4.6 3.8 2.2 -4.2 0.1 -0.7 -2.2 1 825.6 9 005.6 1 759.2 9 133.3 19.3 100% -3.6 1.4% -7.8 -2.95% 5 18 9 14 10 56 The Department’s budget funds five programmes, namely: • • • • • Programme 1 – Administration Programme 2 – Technology Innovation Programme 3 – International Cooperation and Resources Programme 4 – Research, Development and Support Programme 5 – Socio-economic Innovation Partnerships These programmes fulfil the Department’s mandate of realising the full potential of STI in social and economic development.
The percentage budget allocation to the Programmes remains essentially the same as in previous financial years and Programmes 2, 4 and 5 that are responsible for the Transfers to the Department’s entities, receive 94.7% of the Department’s total budget allocation.

For 2022/23, the Department has translated its planned performance into 56 performance indicators and targets.

3.1.1.
3.1.1.

Programme 1: Administration Page 10 60 Programme 1 provides strategic leadership, management and support services to the Department and is responsible for five of the Department’s 2022/23 performance targets.

Programme 1 supports two of the six departmental outcomes, namely, a transformed, inclusive, responsive and coherent NSI, and innovation in support of a capable and developmental state.
It has four sub-programmes; namely, Ministry, Institutional Planning and Support (IPS), Corporate Services (CS) and Office Accommodation.

Programme 1’s R335.1 million represents, when adjusted for inflation, a real decrease of 4.2%.

The allocation will mainly be spent on salaries (R172.7 million) and on Goods and services (R143.7).

The sub- programmes, IPS and CS, being responsible for strategic and operational planning, management, monitoring and evaluation, receive the bulk of Programme’s 1 allocation.
Notable budget allocations under Goods and services include R15.9 million for Consultants, and R36.8 million for Travel and subsistence.

Programme 1 administers and funds the operations of NACI and transfers R15.7 million to Non-profit institutions for Institutional and programme support research.

The Department has a total staff establishment of 382, with 114 staff members holding a Master’s degree and 22 staff members holding a PhD degree.
As at 30 September 2021, the Department had a vacancy rate of 23.3%, of which 17.4% is at the senior management level.

The Department aims to have 94% of all approved and funded prioritised posts filled by 31 March 2023.

Approximately 53% of the Department’s staff is employed in Programme 1.
Because of the policy shift proposed by the STI White Paper and Decadal Plan, as well as the high vacancy rate, the Department is advancing a structural review of the current 2014 approved organisational structure over the medium term.

3.1.2.
3.1.2.

Programme 2: Technology Innovation Programme 2 enables R&D in space science and technology (S&T), energy security, the bioeconomy, and in the areas of nanotechnology, robotics, photonics and indigenous knowledge systems (IKS), and promotes the realisation of commercial products, processes and services from these R&D initiatives.
In addition, through the implementation of enabling policies and interventions along the entire innovation value chain, promotes the protection and utilisation of IP, technology transfer and technology commercialisation.

It is responsible for 18 of the Department’s 2022/23 performance targets.
Programme 2 supports five of the six Page 11 61 departmental outcomes, namely, (i) A transformed, inclusive, responsive and coherent NSI; (ii) Human capabilities and skills for the economy and for development; (iii) Increased knowledge generation and innovation output; (iv) Knowledge utilisation for economic development in (a) revitalising existing industries and (b) stimulating R&D-led industrial development; and (v) Knowledge utilisation for inclusive development.
Programme 2 has five sub-programmes and one specialised service delivery unit (SSDU).

These are Space Science, Hydrogen and Energy, Bioinnovation, Innovation Priorities and Instruments (IPI), the Office of the Deputy Director-General (DDG), and the National Intellectual Property Management Office (NIPMO).

Programme 2 receives R1.78 billion of the Department’s total allocation.
The IPI sub-programme that supports and strengthens the policy initiatives that aim to create and sustain an enabling environment for innovation, technology development and the commercialisation of products from publicly funded R&D, continues to receive the largest share of Programme 2’s budget.

In addition, it is the only sub-programme to receive a real increase to its allocation, growing in real terms by 9.4% (46.7% real increase in 2021/22 and 35.3% in 2020/21 before the two budget adjustments).
The allocations to the Space Science and NIPMO sub-programmes decrease, with Space Science receiving R69.7 million less than in 2021/22.

Approximately 96% (R1.7 billion) of Programme 2’s budget is allocated to Transfers and subsidies, with the TIA and SANSA receiving R458.4 million (R447.7 million in 2021/22) and R162.4 million (R202.2 million in 2021/22), respectively.

Space science research is also allocated R33.3 million from the Economic Competitiveness and Support Package (ECSP).
The stated emphasis on innovation reflects in a transfer to Departmental agencies: Various institutions for Innovation projects research amounting to R1.6 billion over the medium term, with the 2022/23 allocation being R519.4 million; a significant increase from the 2020/21 allocation of R125 million and a further significant increase from the 2019/20 allocation of R14.9 million.
Strategic policy initiatives that will receive specific attention over the medium term include continuing the work to establish the Innovation Fund, which will support the commercialisation of locally developed IP.

In addition, the Intellectual Property Rights from Publicly Financed Research and Development Act (IPR Act) will be amended.
New performance indicators introduced from 2022/23 include: Page 12 62 • • • 15 University of Technology (UoT) and Technical and Vocational Education and Training (TVET) college graduates offered experiential learning opportunities in the energy sector by 31 March 2023.

40 unemployed youth supported under the Technology Top 100 (TT100) Learnership/Internship Programme by 31 March 2023.

1 000 youth engaged through outreach, awareness and training programmes in space science by 31 March 2023.

3.1.3.
3.1.3.

Programme 3: International Cooperation and Resources Programme 3 supports South Africa’s foreign policy through science diplomacy.

Hence, it develops, promotes and manages international relationships, opportunities and S&T agreements that both strengthen the NSI and enable an exchange of knowledge, capacity and resources between South Africa and its international partners, with a focus on supporting STI capacity building in Africa.
It is responsible for nine of the Department’s 2022/23 performance targets.

Programme 3 has four sub-programmes; namely, Multilateral Cooperation and Africa, International Resources, Overseas Bilateral Cooperation and the Office of the DDG.

Programme 3 receives R149.9 million of the Department’s total allocation and the percentage distribution of the allocation between sub-programmes stays the same as in previous financial years.
The allocation to Multilateral Cooperation and Africa increases in real terms by 7%.

Whereas, the other sub-programmes all receive below inflation increases.
Transfers and subsidies amount to R76.4 (R74.5 million in 2021/22), comprising R17.1 million for the NRF, who manages Bilateral cooperation for global science development agreements on behalf of the Department; R48.6 million for Non-profit institutions for Global science: International multilateral agreements and R10.8 million for Global science: African multilateral agreements.
The latter two transfers to Non-profit institutions have increased significantly from 2020/21 levels, where International multilaterals received approximately R5.1 million and African multilaterals received R200 000.

3.1.4.
3.1.4.

Programme 4: Research, Development and Support Programme 4 seeks to provide an enabling environment for research and knowledge production that promotes the strategic development of basic sciences and priority science areas through science promotion, human capital development and the provision of research infrastructure and relevant research support, in Page 13 63 pursuit of South Africa’s transition to a knowledge economy.

It is responsible for 14 of the Department’s 2022/23 performance targets.
Programme 4 has five sub-programmes; namely, Human Capital and Science Promotions, Science Missions, Basic Science and Infrastructure, Astronomy and the Office of the DDG.

Programme 4 is allocated R5.1 billion of the Department’s total allocation.

The increase in Programme 4’s budget, once adjusted for inflation, represents a real decrease of 2.2%.
The significant increase in the allocation to Basic Science and Infrastructure is driven largely by the ongoing development of the NICIS that will enable the successful and sustainable implementation of national projects such as MeerKAT and the Square Kilometre Array.

To this end, R3.7 billion is allocated over the medium term to this sub- programme.
In terms of economic classification, Transfers and subsidies constitute 98.9% (R5 billion) of Programme 4’s total budget with ASSAf, the NRF and the Council for Scientific and Industrial Research (CSIR) receiving R33.8 million, R3.5 billion and R281.8 million, respectively.

Of concern, is the decrease in allocation, from R1 billion to R833.7 million to the Astronomy sub-programme.
The Committee learnt in January 2022 during its oversight visit to the Northern Cape that the Square Kilometre Array has an approximate R2 billion funding shortfall over the medium-term.
Strategic initiatives that will receive specific attention include developing a policy framework for the establishment of a South African Research Cloud in line with the National Open Science Policy; implementing the new Transformation and Postgraduate Funding Policies; implementing the reporting framework on postgraduate support across all DSI programmes; undertaking a consultative process for the development of an Astro-Tourism Strategy; and reviewing the astronomy institutional landscape with a view to establishing an Astronomy Institute.
New performance indicators introduced from 2022/23 include: • 300 emerging researchers awarded research grants as reflected in the NRF project reports by 31 March 2023.

• 200 black and female emerging researchers awarded research grants as reflected in the NRF project reports by 31 March 2023.

3.1.5.
3.1.5.

Programme 5: Socio-Economic Innovation Partnerships Page 14 64 Programme 5 seeks to enhance the growth and development priorities of government through targeted STI interventions and the development of strategic partnerships with all levels of government, industry, research institutions and communities.

It is responsible for 10 of the Department’s 2022/23 performance targets.
Programme 5 has five sub-programmes; namely, Sector Innovation and Green Economy, Innovation for Inclusive Development, Science and Technology Investment, Technology Localisation, Beneficiation and Advanced Manufacturing, and the Office of the DDG.

Programme 5 receives R1.76 billion of the Department’s total budget allocation, and is the only Programme that receives less than its 2021/22 allocation, which decreases by 7.8% in real terms.

The allocation to all the sub-programmes decreases.
This is due to the withdrawal of the funding from the ECSP.

Approximately 96.8% (R1.7 billion) of Programme 5’s budget is allocated to Transfers and subsidies, with the Human Sciences Research Council (HSRC) and CSIR receiving R336.7 million and R1.07 billion, respectively.

4.
4.

ENTITIES OF THE DEPARTMENT OF SCIENCE AND INNOVATION The entities are funded through a Parliamentary grant, specific project and/or contract funds, or from income generated from research and commissioned projects, or from income generated from royalty, publishing, membership, registration and/or facility fees.

The Parliamentary grant (also called the baseline allocation) is the guaranteed, annual allocation from the Department to its entities.

4.1.

Academy of Science of South Africa (ASSAf) 4.1.1.


Mandate and Strategic Focus The Academy of Science of South Africa, the country’s official national academy of science, was established through the ASSAf Act (No.

67 of 2001).

ASSAf represents the country in the international community of science academies.
The Academy has a dual mandate; namely, to promote outstanding achievement in all fields of scientific enquiry and to honour distinguished scholars through election to Membership of the Academy; and to undertake studies on matters of public interest to provide evidence-based scientific advice to government and other stakeholders.
Page 15 65 ASSAf’s 2020-2025 Strategic Plan seeks to advance the following three core national thematic priority areas: • Policy for science - Advancing the objectives of the 2019 White Paper on Science, Technology and Innovation (STI) and the 2019-2024 Medium Term Strategic Framework (MTSF) in support of the DSI’s mandate; • Science for policy - Promoting the advancement of evidence-based research related to national priorities, including the deliverables of the Sustainable Development Goals (SDGs); and • Science for society - Science engagement and science communication.
4.1.2.

Organisational environment ASSAf is governed by a Council, comprising 12 elected members and a thirteenth member appointed by the Minister of Higher Education, Science and Innovation as a representative of the National Advisory Council on Innovation (NACI), and presently has two advisors.

As a Membership-based organisation, the critical intellectual resources of the Academy reside in its Membership, which presently comprises of 633 Members (33% black and 29% female).
Members and Council are supported in their science-advisory role by the fulltime staff of the ASSAf Secretariat, which currently numbers 29 individuals (62% black and 69% female) under the leadership of Prof Himla Soodyall as the Executive Officer (EO).

ASSAf is the host of the following organisations: The World Academy of Sciences Sub-Saharan Africa Regional Partner (TWAS SAREP): ASSAf will continue to host TWAS SAREP to strengthen cooperation within Africa.
Organization for Women in Science in the Developing World (OWSD) South Africa National Chapter (OWSD SA): ASSAf has hosted the OWSD SA National Chapter since 2009.

With budgetary cuts, ASSAf is unable to provide the services of its staff to support the operational activities of OWSD.

The ASSAf EO, in an official communication sent on 16 September 2021, communicated this decision to their Executive.
South African Young Academy of Science (SAYAS): SAYAS celebrated its 10th anniversary in August 2021 and ASSAf continues to provide secretariat assistance and funding to support their activities.

Where Page 16 66 possible, ASSAf ensures collaboration with SAYAS and includes their members in Working Groups and Standing Committees.

Since July 2021, ASSAf is also providing secretariat support to SAGE (the Scientific Advisory Group on Emergencies).
South African Academy of Engineering (SAAE): Office space and support services are provided to the SAAE at no cost.

ASSAf’s work is organised across four programmes; namely, the Science Advisory Programme (SAP), Scholarly Publishing Programme (SPP), Liaison Programme (LP), and the Administration and Governance Programme (AGP).
Operations and resources are organised and conducted by the Administration and Governance Programme, which involves administrative, financial, human resources, communications and IT services, while ensuring support to Council and compliance to the Public Finance Management Act (PFMA) regulations.
The objectives of the other three operational programmes are: Science Advisory Programme (SAP) - aims to assist ASSAf in the fulfilment of its science advisory role in support of policy regarding key challenges facing the nation.

A variety of relevant consensus studies is undertaken.

Studies generally fall into broad categories related to: health, education, climate change, energy, the science-policy nexus, biosafety and biosecurity, poverty reduction, scholarly publishing and open science.
In addition to evidence-based studies on various issues, ASSAf undertakes policy commentaries, proceedings, other reports, policymakers’ booklets, and produces authoritative statements when appropriate.

Scholarly Publishing Programme (SPP) – the goal is to enhance national capacity to produce and publish research and to increase the quality and visibility of South African research publications.
To achieve this goal, the SPP is responsible for the peer review of South African scholarly journals, the implementation of the open access platform for scholarly journals, the hosting of a National Scholarly Editors’ Forum and a National Scholarly Book Publishers’ Forum.

A major thrust of this programme is the production and dissemination of the Academy’s flagship journal, the South African Journal of Science (SAJS), and the science magazine, Quest.
Liaison Programme (LP) - ASSAf has a good record of accomplishment in establishing and strengthening strategic partnerships and engagements with key stakeholders and organisations in the country, regionally and internationally.
Its primary purpose is also to promote and recognise excellence and scholarly Page 17 67 achievement, strengthening and enhancing international scientific linkages, and advancing engagement with key policymakers in government, including parliament and relevant national scientific organisations.

It must be noted that ASSAf continues to be accommodated in rented premises in Persequor Park, Lynnwood, Pretoria, the lease for which was renewed for an additional year in January 2022.
The purchase or construction of a building remains a crucial imperative for ASSAf to become a physical landmark of scientific excellence as well as to avoid escalating rental costs and to cater for future expansion.

A permanent Academy home is essential, given ASSAf’s prestige, both nationally and internationally.

4.1.3.

Performance During 2020-25, ASSAf operationalises its activities around six strategic objectives that are outcome and output driven.
These, as well as the number of performance targets for the 2022/23 financial year, are: • Outcome 1: Independent, authoritative, and influential scientific advice (two performance • • • • • targets) Outcome 2: Science engagement (four performance targets) Outcome 3: Mobilising knowledge (four performance targets) Outcome 4: Facilitating partnerships (one performance target) Outcome 5: Scholarship support (four performance targets) Outcome 6: Supporting transformation within the Science Advisory Programme (SAP), Scholarly Publishing Programme (SPP) and Liaison Programme (LP) – (two performance targets) Encompassing the work across the four programmes are the key objectives of Transformation, Scholarship Support, and Science Engagement and Communication.
The performance targets across the six strategic outcomes total 17 for the 2022/23 financial year.

4.1.4.

Resources Historically, ASSAf has been able to secure external funding to supplement its baseline income in support of some of its activities.

However, the negative national and global economic outlook and the impact of Page 18 68 COVID-19 have placed high levels of uncertainty on the possibility of securing external funding.
ASSAf’s projected total revenue for 2022/23 is R36.2 million (R44 million in 2021/22).

For the 2022 Medium Term Expenditure Framework (MTEF), the parliamentary grant (or baseline allocation) constitutes the main source of ASSAf funding at R33.8 million in 2022/23, R34 million in 2023/24 and R35.3 million in 2024/25.
ASSAf’s budget is apportioned across its activities as follows; where Governance is allocated R12.8 million (35%), Science engagement and partnerships is allocated R7.2 million (20%), Science advice is allocated R4.8 million (13%), and Scholarship support and transformation is allocated R11.4 million (32%).

4.1.5.

Institutional Reviews ASSAf’s second Institutional Review for the period 2015 to 2020 is in progress.
The synthesis report will provide an evaluation of the performance of ASSAf in terms of its mandate and its strategic objectives.

Furthermore, views on possible gaps not addressed by the Academy in terms of the ASSAf Act within the National System of Innovation (NSI) will be highlighted and recommendations will be made regarding the future strategic direction and operational execution of the ASSAf mandate.
The previous ASSAf Institutional Review together with ongoing internal monitoring and evaluation of ASSAf’s performance in achieving its objectives had shown that the following four areas deserve special attention by ASSAf.

In its 2020-25 Strategic Plan, ASSAf listed some of the interventions to address these findings.

Increasing Membership engagement Finding: Membership is fundamental in enabling ASSAf to achieve its purpose.
The Membership needs to be actively engaged in the activities of ASSAf and have a say in what it does and how it is governed.

It is noted that participation of the Membership is waning, and rigorous effort needs to go into creating a sense of belonging and a strong community spirit of dynamic and active Members who engage and share what they know.

The Membership of ASSAf should reflect the various roles that it plays and should represent all areas of science and a broad range of Institutions.
With respect to the latter, some disciplines are not well represented among the Membership and there is an uneven distribution of Members at institutions across the country with very few Members at historically disadvantaged universities.
Intervention/response: ASSAf has campaigned rigorously within its Membership, university research offices, Deputy-Vice Chancellors for Research, Faculty Deans, university communications departments, the Page 19 69 National Research Foundation (NRF) Centres of Excellence, South African Research Chairs, and other entities to nominate suitable candidates who satisfy the criteria for Membership.
Effort will also be made to ensure ASSAf is more Membership-driven and that the Membership has an enabling environment to promote scholarship, learning and innovation.
Becoming more focused on objective and trustworthy evidence-based research addressing national and global priorities using the unique status of the academy Finding: ASSAf, through its Membership, plays important value-adding roles in the evidence-based policymaking environment by facilitating interactions and dialogues between scientists and policymakers.
Intervention/response: While basing ASSAf’s activities on its independence and within the scientific expertise of its Membership and other maintain its credibility and integrity.

Harnessing advocacy strategies on behalf of scientists and raising the profile of science in policymaking Finding: There is a need for ASSAf to engage more actively in science advocacy work.
Intervention/response: ASSAf will apply itself to two policy-related categories of science advocacy: Policy for science and Science for policy.

Policy for science will advocate on behalf of scientists’, initiatives that promote the professional development of scientists to the promotion of enabling science infrastructure.

Science for policy, on the other hand, seeks to inform policymakers about the relevant science on an issue they are considering and raising the profile of evidence-based policymaking.
Creating an enabling working environment which includes harnessing staff potential, building on skill sets that will take us into the technological era, and mobilising financial resources for activities Finding: The overall success of ASSAf will depend, largely, on strengthened and skilled human resources that are fit for purpose, and adequate financial resources.
Intervention/response: ASSAf wishes to be viewed as a desirable place to work and will ensure its existing staff is motivated and have access to professional development opportunities.

To ensure that the organisation remains sustainable, ASSAf will diversify its financial sources and develop a strong fundraising campaign.

4.2.

National Advisory Council on Innovation (NACI) 4.2.1.

Mandate and Strategic Focus Page 20 70 The National Council on Innovation Act (No.
55 of 1997) mandates NACI to advise the Minister of Higher Education, Science, and Innovation and, through the Minister, the Cabinet, on the role and contribution of science, mathematics, innovation, and technology, including indigenous technologies, in promoting and achieving national objectives.
The ultimate aim of NACI’s work is to improve and sustain the quality of life of all South Africans, develop human resources for science and technology, build the economy, and strengthen the country’s competitiveness in the international arena.

The 2019 STI White Paper proposes the following for NACI: • NACI will be reconfigured to act as the national STI monitoring and evaluation (M&E) institution, charged with analysing STI information and undertaking work to inform government planning on STI.
NACI will convene a high-level forum to develop a framework of indicators to monitor South Africa’s NSI performance.

• Government recognises that to support the Inter-Ministerial Committee on STI (IMC) in carrying out its mandate, ongoing stakeholder engagement is required in addition to an STI Plenary.

NACI will be strengthened to facilitate such engagements, e.g.

following up on matters discussed at the STI Plenary.

Policy reports from relevant NSI institutions and think tanks, e.g.
ASSAf, HSRC and the DSI-NRF Centres of Excellence, will also be used.

• The IMC will require expert studies, and up-to-date performance and environmental information to support its decisions.

To advise the IMC, a strengthened NACI will undertake such studies.

• Knowledge management systems will be needed to enhance the analysis of NSI performance and support evaluation work that informs strategies.

In this, NACI will draw on the work of existing specialist centres that collect STI-related information.
Existing institutional arrangements for data collection (e.g.

innovation and R&D surveys) will be maintained and strengthened and, where necessary, expanded.

• The Department, working with NACI, has developed a public STI investment framework to support the commitment of public resources for STI by the Ministerial STI Structure.

NACI’s role will be to undertake foresight studies and provide an independent STI M&E function (including regular analysis of public STI spending).
The framework is based on an analysis of STI funding requirements in line with strategic and sovereign priorities, as well as consultation across government through an interdepartmental STI Budget Committee at the level of Director-General, including national and provincial governments with significant STI mandates.
NACI will work with the Department, DPME Page 21 71 and National Treasury to ensure that the framework information is actionable and comparable in informing the management and funding of NSI initiatives.
The process to give effect to these proposals also provides an opportunity to address continuing problems at NACI, such as its structural location, secretariat capacity and efficacy as identified by various reviews, and to reposition NACI so that it can play a catalytic system-wide role in providing STI advice for sustainable socio-economic development in South Africa.

NACI will therefore need to be reconfigured to carry out the functions set out in the 2019 STI White Paper.
To implement these, the government will need to initiate a process to amend the NACI legislation.

NACI will also conduct an international benchmarking with NACI type bodies, the outcome of which feeds into the reconfiguration of the system’s institutional landscape and amendments to the NACI legislation.
The 2020-25 Strategic Plan of NACI identifies the following strategic outcomes: • To learn from previous experience to improve efficacy and ensure evidence-based, informed, confidential, and timely policy advice to the Minister of Higher Education, Science and Innovation and, through the Minister, the Cabinet.

Performance: NACI will produce and engage on three STI draft advice.
• To contribute to the building of NSI monitoring, evaluation, and learning capability, to assess the health of the NSI and its contribution to sustainable and inclusive development.

Performance: NACI will finalise three NSI M&E reports; ensure the ongoing maintenance and implementation of the National STI Information Portal (NSTIIP), and produce the Foresight Exercise Institutionalisation Plan.
• To contribute to the building of a well-coordinated, responsive, and effective NSI by exploring and proposing solutions to the long-standing STI policy questions of coordination, prioritisation, financing, size and shape, human resources, and knowledge production and diffusion.

Performance: NACI will update and implement a communication plan.

• To transform NACI into a smart, efficient, and learning organisation.
This goal is intended to address current internal operational inefficiencies; enhance quality, turnaround times, knowledge management Page 22 72 and communication; and exploit the benefits of digitisation.

Skills, knowledge and competency development will be critical.

Performance: NACI will implement the corporate governance system, and store all recorded meetings and transcripts in the knowledge management system.

4.2.2.
4.2.2.

Resources To implement its advisory work programme, the NACI Secretariat supports the NACI Council.

The Secretariat comprises 11 members, including the Acting Chief Executive Officer (CEO).

In the 2021/22 financial year, two people were employed on fixed-term contracts to assist the team with their workload.
NACI is funded and administered within Programme 1 of the Department and its 2022/23 expenditure estimates for the total budget of R15.4 million, comprises R7.3 million for the compensation of employees and R8.1 million for goods and services.

4.3.

South African Council for Natural Scientific Professions (SACNASP) 4.3.1.

Mandate and Strategic Focus The Natural Scientific Professions (NSP) Act (No.
27 of 2003) provides for the establishment of the South African Council for Natural Scientific Professions (SACNASP) and legislates the registration of professional natural scientists and technologists, and scientists- and technologists-in-training.

The 2003 Act, which mandates compulsory registration, replaced the Natural Scientific Professions Act of 1993, which recommended voluntary registration.
The key reasons for registering natural scientists are: • These professionals provide a service to the public, and the public have a right to be protected from malpractice; and • The profession should be protected by ensuring that acceptable standards of training, and proper conduct, are maintained.
Within the provisions of the 2003 NSP Act, some of SACNASP’s key functions are to: Page 23 73 • Register natural scientists and voluntary associations, and formulate the necessary administrative systems (applications process, maintain register, determine fees) attendant to this function; • Institute systems to protect the public and ensure the improvement of the standards of services provided by registered natural scientists; Advise Cabinet on any matter relating to the natural scientific professions; In consultation with the Council on Higher Education (CHE) and the South African Qualifications Authority (SAQA), ensure maintenance of acceptable standards of training; Undertake and encourage research related to natural scientific professions; and Ensure safe and responsible practice (towards the public and the environment) by registered natural • • • • scientists.
The Draft Amendment Bill to repeal and replace the current NSP Act is currently going through the necessary legislative processes.

The latest version of the Bill, as approved by Council, was submitted to the DSI on 9 September 2021.

SACNASP will focus on the following areas as captured in its strategic objectives: • To proactively advise government and relevant stakeholders on the contributions and role of the Natural Scientific Professions in South Africa.
The focus here will be on tracking unemployed natural science graduates to gain insight into areas where the state can intervene and this report was presented to the DSI in September 2021.

A third report titled, “The skills and competencies required for the future natural scientists” will assist government to align education to the requirements needed by scientists in the future.
Other areas that need attention include the impact of big data, 4IR and the COVID-19 pandemic on natural science in South Africa.

It is crucial that SACNASP investigates the greater involvement of natural scientists in the District Development Model and that it advises key stakeholders accordingly.

• To enforce high professional and ethical standards for the natural scientific workforce.
SACNASP should ensure that it has an effective system to register and regulate natural science professionals in all sectors of the economy, including State-Owned Enterprises (SOEs).

This will enhance SACNASP’s mandate regarding its regulatory function, reduce corruption, improve accountability and ethical practice and better protect the public.

Page 24 74 • To promote the natural science professions and science engagement in South Africa.
It is crucial for SACNASP to focus on public awareness campaigns and the active involvement of natural scientists and their Voluntary Associations (VAs) to offer specialist advice to district municipalities and local communities.

• To promote the professional development and transformation of the natural science sector in South Africa.

SACNASP will achieve this strategic objective by creating an environment for lifelong learning for professionals.
It will also emphasise transforming the natural science sector to increase the participation of designated groups and contribute to education qualifications and learning pathways for natural scientists.

• To foster a culture of good corporate governance.

SACNASP will ensure compliance with legislative and policy frameworks by developing and implementing robust systems, identifying and managing all risks and internal controls, and offering training/awareness events for VAs and scientists in this area.
4.3.2.

Organisational environment The Minister of Higher Education, Science and Innovation inaugurated the new Council of SACNASP on 2 September 2021.

Elected Chairperson, Prof Khathutshelo Agree Nephawe and Deputy Chairperson, Prof Vanessa Steenkamp lead the Council.

The Council has been elected for a four-year term of office with effect from 1 September 2021 to 31 August 2025 in accordance with the NSP Act.
In terms of staff, 22 of the 25 staff members are female and the majority are from designated groups.

Attracting skilled personnel remains a challenge for SACNASP and the Council needs to strengthen its staff complement with key skills in registration, regulation and marketing to realise its mandate and aspirations fully.

4.3.3.
Performance Page 25 75 SACNASP’s 2022/23 performance against its five strategic objectives is encapsulated in seven outcomes, namely: • • • Outcome 1: Provide reports on relevant government policy matters – one performance target Outcome 2: Register and regulate natural science professionals – three performance targets Outcome 3: Facilitate public awareness to address national priorities by conducting awareness and engagement initiatives - one performance target • Outcome 4: Create and environment for lifelong learning of professionals by implementing and facilitating an efficient and effective lifelong learning programme - one performance target • Outcome 5: Transformation of the natural science sector by developing and implementing programmes to encourage participation of designated groups – two performance targets • Outcome 6: Contribute to education qualifications and learning pathways for natural scientists by evaluating and endorsing higher education institutions programmes in natural science - one performance target • Outcome 7: Comply with legislative and policy framework - one performance target To assist natural scientists in their careers from student to retirement, SACNASP has developed three programmes; namely, the: • Continuous Professional Development Programme that allows scientist to record their annual field- specific activities on the SACNASP website, • Candidate Mentoring Programme where potential professional scientists are coupled with a mentor who will guide them from Candidate to Professional scientist, and • Administrative Student Enrolment Programme that, at no cost, enrols natural science students at higher education institutions on the SACNASP database to provide field-specific and general courses to these students to assist them in their studies.
4.3.4.

Resources SACNASP’s key expenditure areas relate to registration, regulation and outreach activities, while it derives income from application and registration fees.

In terms of income, the economic downturn over the last two years has resulted in some job losses in the scientific community.

SACNASP has continued to experience Page 26 76 issues with registered scientists struggling to meet their annual obligation to pay registration fees.
The non- payment of annual registration fees is of concern, since these fees are SACNASP’s principal source of income.

SACNASP’s projected income for 2022/23 from registration fees is approximately R20 million.

Other income of R1.4 million and project funding from the DSI of R10 million supplement this.

Project funding from the DSI was first allocated in 2019 over a three-year period until 2022 and amounted, in total, to R14.9 million.
For 2022/23, the funding from the DSI, which has roughly been doubled, will continue to be used for the following projects: • Promoting the Continuing Professional Development programme to enhance professional skills and knowledge; • Maintenance and support of information and technology (IT); • • Implementation of the Candidate Mentoring Programme for young natural science graduates; and Regulation of the natural science profession.

4.3.5.
4.3.5.

Institutional Review SACNASP has embarked on its first Institutional Review covering the period 2017 to 2021.

This will be conducted in the 2022/23 financial year.

A draft Terms of Reference (ToRs) has been compiled as the first step in this process.

SACNASP has budgeted R789 000 for this process.

The timeframe for the review is as follows: Page 27 77 4.4.

South African National Space Agency (SANSA) 4.4.1.


Mandate and Strategic Focus The legislative mandate is premised on two primary Acts; namely, the Space Affairs Act (No.

84 of 1993) and the South African National Space Agency (SANSA) Act (No.

36 of 2008).
36 of 2008).

The former, an instrument of the Department of Trade, Industry and Competition, caters for the regulatory/policy context for the South African space programme; whereas the latter, an instrument of the DSI, enables the establishment of SANSA as an implementing agency for the South African space programme.
The National Space Strategy and the South African Earth Observation Systems (SAEOS) Strategy provide directives that directly inform the operationalisation of the South African space programme, inclusive of the role that SANSA should play.

The high standard of living in developed countries is largely attributed to the adoption and application of space-based technologies.
This convenient lifestyle is supported by the instant access to information and space-based applications, such as the Global Positioning System (GPS) and global television coverage.

While some of these products and services have helped to serve the social, economic, and environmental needs of the country, South Africa does not possess all the requisite capacity to address effectively all of the needs of the country.
However, efforts are underway to build an indigenous space capability that will fully service the needs of the country and continent, and SANSA is central to these developments.

During the first eight years of SANSA’s operations, its Annual Performance and Strategic Plans were aligned to the budgetary allocations made to it for both its internal business operations and broader support to the local space sector.
This approach regarding budgetary allocations imposed limitations on SANSA’s scope of initiatives.

With its revised 2020-2025 Strategic Plan, SANSA seeks to chart a new trajectory that will ensure that the South African space sector is able to develop and compete globally, while responding to the critical needs of its user community, primarily represented by all spheres of government.
Hence, SANSA’s key strategic priorities include: • Priority 1: Develop a suite of space application products and services that directly respond to user needs and enable industry.

Page 28 78 • Priority 2: The building of core space infrastructure, both ground and space based, that will enable the delivery of essential space services.

• • Priority 3: The generation of space relevant knowledge that supports the developmental agenda.
Priority 4: The development of requisite human capacity that is needed for the implementation of key space initiatives.

• Priority 5: The positioning of SANSA as a key enabler of government’s policy imperatives.

4.4.2.

Organisational environment At the end of the 2020/21 financial year, SANSA had 193 employees in permanent employment, which grew to 203 by the end of March 2022.
The vacancy rate at the end of the 2020/21 financial year was 32% and, while new positions have been approved and recruitment is underway, budgetary constraints to fill the vacant positions remain a concern.

In addition to the permanent staff complement, SANSA has 36 non-permanent employees in its employ.

Over the period between 2011 and 2021, the percentage of the permanent staff complement that are males has declined from 61.1% to 56%, while the number of females has increased from 38.2% 43.5%.
The biggest underrepresentation of females is in the professional and skilled categories.

This is due to the national challenge of insufficient specialised skills amongst employable females within the Science, Engineering and Technology (SET) job categories.

Employment equity will remain at the forefront of SANSA’s recruitment approach in the 2022/23 financial year, in line with available funding.
SANSA’s Chief Executive Officer (CEO), Dr Valanthan Munsami, resigned in early 2022 and Ms Andiswa Mlisa, Managing Director: Earth Observation will act as CEO for the next six months (from March 2022).

4.4.3.
4.4.3.

Performance SANSA has identified six key outcomes in its revised 2020-2025 Strategic Plan to move towards stimulating a capable and globally competitive South African space sector and these will be central to the implementation of the 2022/23 APP: Page 29 79 • Outcome 1: Increased space relevant knowledge that supports the developmental agenda – one performance target.

• • Outcome 2: Stimulated and growing, inclusive space sector – one performance target.
Outcome 3: Increased human capacity for the implementation of key space initiatives – two performance targets.

• Outcome 4: SANSA positioned as a key enabler for the implementation of government’s space- related policies – five performance targets.

• Outcome 5: Enabling infrastructure developed and upgraded to support the space sector value chain – five performance targets.
• Outcome 6: Increased participation of the national space programme in the regional and global space market – three performance targets.

SANSA’s work is structured across the following programmes: Programme 1: Administration: provides management, administrative and technical support across all operating units.

This facilitates operational efficiency and cost-effective management, aligned with sound governance principles and the seamless integration and collaboration between SANSA programmes.
Programme 2: Earth Observation [EO]: is responsible for the collection, processing, archiving and distribution of Earth observation data, value-added data products and services for societal benefit.
SANSA maintains an Earth observation portfolio of sensors, provides an R&D platform, conducts satellite image processing and correction, and supports human capital development and science engagement in Earth observation that will be positioned for uptake in South Africa through the SAEOS initiative and in Africa through the African Group on Earth Observations (AfriGEO) initiative.

Programme 3: Space Science [SS]: leads multidisciplinary space science research and applications.
Key functions include fundamental and applied space science research; the support of space facilitated science through data acquisition; the coordination and administration of scientific data; and the provision of space weather and magnetic technology products and services on a commercial and private basis.

The programme also provides leadership in postgraduate student training, as well as providing science engagement, public engagement, and learner and educator support with STEM subjects.
Page 30 80 Programme 4: Space Operations [SO]: is responsible for the acquisition of satellite data for the Earth Observation Programme and the provision of ground segment support.

Through this programme, SANSA conducts various space operations, including launch and early-orbit support, in-orbit testing, satellite lifecycle support and satellite mission control for national and international space industry clients and governments.
Programme 5: Space Engineering [SE]: provides systems engineering and project management expertise and drives a satellite build programme in South Africa in partnership with primary contractors, R&D institutions, and private sector partners.

The programme conducts satellite and subsystems analysis, leads the technical side of space programme project management, supports human capital development in space engineering and facilitates private space industry partnerships.
There are currently two thematic focus areas that are missing from SANSA’s portfolio of activities; namely, satellite telecommunications and Global Navigation Satellite Services (GNSS).
The revised 2020-2025 Strategic Plan attempts to establish programmes related to these thematic focus areas within SANSA and these are included under SANSA’s aspirations that seek to chart a new trajectory, within its existing mandate, that will ensure that the South African space sector is able to develop and compete globally.
Failure to adopt and implement these aspirations (additional activities), which are subject to the appropriate levels of funding being committed or secured, will result in the further stagnation of the local space sector.

Consequently, the ability of the space sector to respond to the national and continental needs will remain suboptimal, thus affecting the quality of support provided for key decision-making platforms.

4.4.4.
4.4.4.

Resources SANSA’s projected budget for 2022/23 is R327 million, which is significantly less than the R558 million realised in 2021/22.

A contributive factor to this decline in funding is that the allocation for Space science research from the Economic Competitiveness and Support Package (ECSP) decreases from R63.3 million to R33.3 million.

The parliamentary grant amounts to R162.4 million (R202.2 million in 2021/22).
External revenue will increase by 13% (R8.8 million) largely due to a 20% growth in foreign exchange income.

Page 31 81 Should SANSA manage to secure the required funding for strategic projects, such as the Space Infrastructure Hub (SIH)1 together with additional funds for the operationalisation of the Space Weather Centre, such funds will cater for project resources, including the required human resources.
A key challenge encountered during the planning phase is that resources currently remain stretched, as the parliamentary grant is not adequate for project planning and implementation given that it primarily covers the Agency’s operational costs.

Planned infrastructure projects for 2022/23 include: 4.4.5.
Institutional Review In terms of the DSI Policy on Governance Standards for Science, Engineering and Technology Institutions (SETIs), institutional reviews of SETIs must be conducted every three to five years.

This, however, has not 1 The SIH is an ambitious and first of its kind National Space Programme for South Africa and Phase-1 will be implemented in the period up to 2025.
The focus of this period is the specification, manufacture and launch of at least three spacecraft in support of the user requirement for the space value chain.

The expected period to complete the manufacture of the spacecraft is eighteen months.

Page 32 82 been the case for SANSA as it initiated its first institutional review since inception during the 2021/22 financial year, covering a ten-year period from 2011/12 to 2020/21.
The retrospective institutional review seeks to determine the relevance, efficiency, and effectiveness of SANSA and the progress made since its inception towards achieving its objectives and mandate as provided for in the SANSA Act.

It further seeks to ascertain the strategic positioning of SANSA’s programmes, taking into consideration the evolving global space landscape and whether SANSA is positioned optimally within this landscape.
The prospective outlook, on the other hand, will provide recommendations to enhance the performance of SANSA and its future orientation.

As at the end of the third quarter of the 2021/22 financial period, SANSA, with support from the NRF, had concluded the appointment of the International Review Panel, with expertise in the areas of Earth Observation, Space Science, Space Operations and Satellite Engineering.
The next steps, undertaken in the final quarter of the 2021/22 financial year, included panel engagements with identified key stakeholders, site visits (where feasible) and the reporting of evaluation outcomes and recommendations to SANSA’s governance structures.

The Panel delivered the Institutional Review Draft Report Presentation to the management of both SANSA and the NRF on 29 March 2022.
This presentation paved the way for the preparation of SANSA’s management response, the submission of the final report to the SANSA Board and DSI, and project closure in the first quarter of the 2022/23 financial period.

4.5.

Technology Innovation Agency (TIA) 4.5.1.

Mandate and Strategic Focus The Technology Innovation Agency was established through the TIA Act (No.

26 of 2008) and mandated to translate a greater proportion of publicly funded research into commercial technology products and services.
Hence, TIA was established to promote the development and utilisation, in the public interest, of discoveries, inventions, innovations and improvements.

The objective of TIA is to support the state in stimulating and intensifying technological innovation to improve economic growth and the quality of life for all South Africans.

Page 33 83 The Technology Innovation Agency’s 2020-2025 Strategic Plan seeks to reposition TIA within the NSI and rests on three pillars.
Firstly, it seeks to direct a greater proportion of its resources towards the translation and commercialisation of publicly financed IP emanating from higher education institutions and science councils.

Secondly, there is a specific focus on implementing the Bio-economy Strategy, thereby deriving greater socio-economic value from South Africa’s unique biological resources, historical biotechnology investments and bio-based capabilities.
Thirdly, TIA aims to foster an enabling environment for innovation, with a specific focus on driving transformation and ensuring inclusion through the provision of SET and enterprise development services.
These three pillars are the basis of TIA’s three outcomes over the five-year period: • • • Outcome 1: Commercialised innovations Outcome 2: Delivering on the Bio-economy Strategy Outcome 3: SMMEs supported through strategically informed and regionally distributed Technology Stations TIA has the following functions: • • • • Administration – responsible for six performance targets Commercialised Innovations Division – responsible for five performance targets Bio-economy Division – responsible for three performance targets Innovation Enabling Division – responsible for four performance targets The Technology Innovation Agency estimates that its budget for 2022/23 will be R649.8 million, which comprises the Parliamentary grant of R458.4 million.
4.5.2.

Institutional Review The TIA Institutional Review commenced in November 2020 and the draft review report is due end-April 2022.

The four-year term of office of the Technology TIA Board expired on 31 May 2021.

The Minister extended the term of office by six months, until 31 October 2021.

The Minister appointed the new Board with effect from 1 November 2021 to 31 October 2025 in accordance with section 5(1) of the Act.
However, the Minister appointed the minimum number (seven) of members including the Chairperson of the Board Page 34 84 (Ms Modise) due to the TIA institutional review that was underway at that time.

The Minister will appoint the full Board after the institutional review is finalised.

The ongoing review processes has also delayed the appointment of a permanent CEO.

4.5.3.
4.5.3.

Historical issues • TIA’s financial sustainability remains a concern where an ideal budget for innovation project disbursements (as previously expressed by TIA) would be around R1 billion.

The level of the current budget restricts TIA’s risk appetite and by extension, the sectors in which it operates.

• TIA’s Stakeholder satisfaction rate is very low due to internal operational inefficiencies and lack of responsiveness.
With the 2022/23 APP, TIA sets out targets for turnaround times on three categories of investment decisions and has instituted a range of measures in an effort to improve efficiencies.

• TIA’s translation mandate has not been fully exploited, with a low commercialisation rate and lack of strategic positioning in the NSI.

• Operationally, TIA has not been fully fit-for-purpose and has struggled to attract and retain the human capacity it needs to fulfil optimally its mandate.
• TIA has not successfully expanded its national footprint, and its investments are skewed towards the three most economically active provinces.

5.

COMMITTEE OBSERVATIONS In concluding its deliberations on Budget Vote 35: Science and Innovation, the Committee commended the Department and the entities for the work they do and for formulating coherent strategies and performance plans.
Especially commendable, was that the deliverables that are enumerated in the Annual Performance Plans of the Department and the entities, comprehensively address what the President has outlined as national priorities.

Furthermore, the Committee noted the following: 5.1.
The continued decline in funding (in real terms) for the DSI and its entities was of concern to the Committee because of the evident financial sustainability challenges and the negative impact this may have, not only on research and innovation output, but on the transformation of the STI sector as a whole.

Page 35 85 5.2.

Throughout its engagements with the Department and entities, the Committee emphasised the need for greater and faster transformation to ensure inclusivity in the STI sector.
The Committee notes that the transformation of the STI sector in terms of human capacity, organisational composition and the R&D focus areas requires deliberate, well considered, and adequately resourced interventions.

5.3.

Although, not at the pace that the Committee anticipated, the development and on-going discussions with its entities around the Department’s Transformation Framework is acknowledged.
The development of an inclusive research sector across all career levels and the future sustainability of the research cohort was a further area highlighted by the Committee.

5.4.

Crucial to the transformation of the human capacity in the STI sector, is the creation and continued growth of a pipeline of students pursuing careers in science, mathematics and engineering.
Discussion around curricula involving the Departments of Basic Education, Higher Education and Training as well as Science and Innovation, is necessary to assess and input on how this contributes to what is required for the STI system, as well as the skills needed for the economy.

5.5.

The Committee notes that STI drive most daily activities.

However, the Committee found that the work undertaken by the Department and its entities is not well communicated and in many instances completely unknown.
Hence, the Committee is of the view that there is a lack of public science awareness, promotion and engagement.

5.6.

The Committee emphasised the use of indigenous languages as an important tool for building inclusion when it comes to promoting science and innovation, and getting ordinary people to understand and participate in science programmes.

5.7.
5.7.

The Committee acknowledged the progress made with the implementation of the Protection, Promotion, Development and Management of Indigenous Knowledge Act and the development of its regulations, and further welcomed the official launch of the on-line Indigenous Knowledge Registration System.

5.8.
5.8.

The Committee noted that the confirmed and projected cuts to fiscal resources announced by National Treasury has led to the Department tabling a revised 2020-2025 Strategic Plan and the amendment of certain performance indicators and targets.

5.9.
5.9.

Notwithstanding the financial limitations, the Committee noted that the Department with its entities have shown that they can achieve a significant percentage of their performance Page 36 86 targets, as well as ensuring that they adhere to legislative prescripts in managing the allocations received from the public grant.
However, of concern is that performance delivery has been structured around the budgets that were allocated and not according to all the responsibilities that they are mandated to fulfil.

Another concern is that despite the acknowledged dearth of funding for STI, there is still a small degree of underexpenditure across programmes and projects.

5.10.
5.10.

The Committee concluded that the STI mandate, which seeks to facilitate inclusive economic growth and socio-economic development, promote environmental sustainability, improve service delivery and government decision making and enhance the efficacy of institutions, cannot be fully implemented at the current levels of funding.

5.11.
5.11.

The Committee noted that the successful implementation of the interventions of the Decadal Plan is premised on the collective action and financing of these interventions by all spheres of government.

5.12.

The Committee noted the progress made in relation to aligning the Department and entities’ annual performance plans with that of the Decadal Plan.

5.13.
5.13.

The Committee acknowledges the importance of intergovernmental coordination and partnerships that are instrumental in ensuring that the work done by the Department and the entities is used and implemented.

Hence, the Committee welcomes the on-going internal consultations, particularly around funding responsibilities, which is now possible through the Decadal Plan and the establishment of the inter-Ministerial STI Committee.

5.14.
5.14.

The Committee further notes that enhanced coordination is also necessary at Parliamentary level among the various Portfolio and Select Committees in instances where science and innovation is transversal.

5.15.

The Committee recognised its own role in facilitating an inter–committee meeting at Parliamentary level to discuss the role of innovation in the post COVID-19 economic recovery, as presented by the Department to Cabinet.
The hope is that this will mobilise those Committees to ensure that the STI budgets of their portfolio departments are earmarked for research.

5.16.

The Committee acknowledged the important contributions the Department and its entities made and continue to make in combatting and mitigating the impact of the COVID-19 pandemic and the further importance of ongoing and adequate funding for such efforts to prepare for and react to future crises.

Page 37 87 5.17.
Page 37 87 5.17.

The Committee sought clarity as to the support provided by the Department in relation to the KwaZulu-Natal flood disaster.

The concern was that, despite the support and advice provided by the Department, SANSA and others, the Committee found that the Department was not visible enough.

The Committee’s view was that the Department assumes a more prominent and leading role in this regard.

5.18.
5.18.

The Committee noted that the Research and Development Tax Incentive will end in October 2022 and is hopeful that National Treasury will retain the incentive after its review.

5.19.

Noting the continued decline in business expenditure on R&D, the Committee stressed for continued engagement to ensure that expenditure on R&D by the private sector increases.

5.20.
5.20.

The Committee, in engaging with the National Advisory Council on Innovation, Technology Innovation Agency, South African National Space Agency, Academy of Science of South Africa and the South African Council for Natural Scientific Professions, noted that they are constrained by a lack of adequate resources.

5.21.

The Committee noted the high number of vacancies and the number of posts in which officials were appointed in an “acting” capacity at these entities.

5.22.
5.22.

The Committee noted the on-going internal review processes by the entities in an attempt to better align them with strategic national priorities as encapsulated in the Decadal Plan.

5.23.

The Committee noted the legislative amendments necessary to improve the operation and functions of the National Advisory Council on Innovation, Academy of Science of South Africa and the South African Council for Natural Scientific Professions.

5.24.
5.24.

The Committee also noted that the Intellectual Property Rights from Publicly Financed Research and Development Act was being amended.

6.

COMMITTEE RECOMMENDATIONS The Portfolio Committee on Higher Education, Science and Innovation, having considered Budget Vote 35: Science and Innovation, recommends that: 6.1.
The Minister and the Department prioritise discussions with other government departments with STI-intensive mandates, as per the Cabinet approval of the Decadal Plan, and that the Committee is updated on the progress in this regard.

6.2.

The Department ensures that a STI Plenary is hosted this year.

Page 38 88 6.3.
Page 38 88 6.3.

The Department and its entities, in collaboration with other government departments, intensify efforts on crosscutting matters, especially when it comes to issues relating to addressing the social economic needs of society.

6.4.

The Department in its work, promotes the transformation agenda that encapsulates economic and sustainable development, but at its core, emphasises STI for inclusive development.

6.5.
6.5.

The Department engages the Department of Arts and Culture to assist with making their promotional material available in all official languages.

6.6.

The Department explores mechanisms to broaden their science communication and outreach activities so that more people are aware of the work of the Department and its entities.

6.7.

The Department and entities use the available funds responsibly and efficiently and avoid underspending.

6.8.
6.8.

The Minister continues to engage National Treasury, the private sector and international partners for increased funding for the sector.

6.9.

The Minister continues to engage National Treasury around the procurement regulations that hinder science entities securing contracts from the public sector.

6.10.
6.10.

The Departments of Higher Education and Training, and Science and Innovation continue their efforts of aligning the work of the two departments in an effort to ensure better coordination and output.

6.11.

The Minister and the Department prioritise filling key vacancies in the Department and at affected entities to ensure effective delivery of its mandate.

6.12.
6.12.

The Committee, aware of the complexity of measuring and reporting on the impact of investment in science, recommends that the Department continues to explore mechanisms to better report on the impact of science and technology.

Report to be considered.

Page 39 89 3.
Report of the Portfolio Committee on Justice and Correctional Services on the annual performance plans 2022/23 of the Department of Justice and Constitutional Development, National Prosecuting Authority, Legal Aid South Africa, Special Investigating Unit, Public Protector South Africa, South African Human Rights Commission and Information Regulator, and Budget Vote 25: Justice and Constitutional Development for the 2022 MTEF, dated 16 May 2022 The Portfolio Committee on Justice and Correctional Services, having considered the annual performance plans 2022/23 of the Department of Justice and Constitutional Development, National Prosecuting Authority, Legal Aid South Africa, Special Investigating Unit, Public Protector South Africa, South African Human Rights Commission and Information Regulator, and Budget Vote 25: Justice and Constitutional Development for the 2022 MTEF, referred to it, reports as follows: 1.
Introduction 1.1.
The Budget Vote 25: Justice and Constitutional Development consists of five programmes, as well as a direct charge for Magistrates’ salaries: • The Department of Justice and Constitutional Development (the Department) is responsible for the Administration, Court Services, State Legal Services and National Prosecuting Authority (NPA) programmes, as well as for the Justice Modernisation subprogramme under Programme 5: Auxiliary and Associated Services, which funds the implementation of Information Technology (IT) infrastructure for the Department and distributes earmarked funds for Justice, Crime Prevention and Security (JCPS) Cluster projects as part of the Integrated Justice System (IJS).
• In addition to the allocation to the Justice Modernisation subprogramme, Programme 5 Auxiliary and Associated Services contains transfer payments to Legal Aid South Africa, the Special Investigating Unit (SIU), the Information 1 90 Regulator, the South African Human Rights Commission (SAHRC) and the Public Protector South Africa (PPSA).

2.

Method 2.1.
2.

Method 2.1.

On 3 May 2022, the Minister of Justice and Correctional Services presented an overview of the political priorities for the Department of Justice and Constitutional Development.

2.2.

The Department, NPA, Information Regulator, Legal Aid South Africa, the SIU, the SAHRC, the Public Protector SA and the Information Regulator, each presented their annual performance plans for 2022/23 and budgets for the 2022 MTEF.

2.3.
2.3.

The briefings took place as follows: • The Department of Justice and Constitutional Development – 6 May 2022.

• Legal Aid South Africa – 6 May 2022.

• National Prosecuting Authority – 10 May 2022.

• Public Protector South Africa – 10 May 2022.

• Special Investigating Unit – 11 May 2022.

• Information Regulator – 11 May 2022.

• South African Human Rights Commission – 13 May 2022.

2.4.

All presentations are available from the Committee Secretariat.

3.
3.

Budgetary Review and Recommendation Report (BRRR) October 2021 and Minister of Finance’s response to Parliament 3.1.

In the Budgetary Review and Recommendation Report (BRRR) (December 2021), the Committee expressed concern that the reduced salaries’ budget will affect the overall effectiveness of the legal system, which relies heavily on warm bodies to deliver a wide range of services.
The Committee was especially concerned that a 2 91 reduced staff establishment would undermine the work needed to create a transformed and responsive justice system.

3.2.
3.2.

Specifically, the Committee did not support budget reductions in the case of the NPA, Legal Aid SA, and the SIU; and also recommended that additional funding be allocated to: • The NPA, for the Independent Directorate and for Witness Protection; the Information Regulator, for capacity and to fund its responsibilities in terms of PAIA; and Legal Aid SA for land matters; as well as to the PPSA and SAHRC.

3.3.
3.3.

The Committee also observed that an appropriate funding model for the Chapter 9 institutions is necessary.

3.4.

The Minister of Finance responded to the recommendations as follows: “The baseline budgets for justice‐related institutions are not reduced in the 2022 Budget.
Additional funding has been allocated through reprioritisation ... Funds will also be transferred to Legal Aid South Africa, in line with current budget processes, to enable the entity to provide the specified legal services upon receipt of a formal request to facilitate such a transfer from the institutions involved.

No additional funding is allocated to the Information Regulator, although R105 million was provided in the 2021 Budget to enable it to grow and meet its legislative mandate”.

3.5.
3.5.

Reprioritised funds include: • A total of R36 million, in 2022/23, to invest in ICT in institutions that include the Investigating Directorate, Public Protector South Africa and South African Human Rights Commission.

• A total of R426 million over the medium term to intensify the fight against corruption and ensure sufficient capacity for the investigation and prosecution of criminal cases emanating from the State Capture Commission.
Among others, this will allow the Independent Directorate to appoint an estimated 90 staff members in a permanent capacity.

3 92 • An amount of R34.3 million is reprioritised to Legal Aid South Africa over the MTEF period to capacitate the six newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and the Northern Cape.

4.

Medium Term Strategic Framework 2019 -2024 4.1.


The National Development Plan (NDP) requires, among others, that we build safer communities; promote accountability and fight corruption; and strengthen judicial governance and the rule of law.

4.2.

The Medium Term Strategic Framework (MTSF) 2019-2024 identifies seven priorities and related interventions of the Sixth Administration.
Justice has responsibilities in respect of two priorities: namely Priority 1 ‘A capable, ethical and developmental state’ and Priority 6 ‘Social cohesion and safe communities’.

4.3.

In addition, the lack of access to resources and lack of opportunity for Women, Youth and People with Disabilities are identified as cross-cutting, requiring a variety of interventions, including legislative amendments.

4.4.
4.4.

In respect of the revised MTSF, the Department has made the following commitments: MTSF INDICATORS JUSTICE DEPARTMENT MTSF TARGETS 2022/23 Coordinating engagements between the A social compact document will be submitted leadership of the executive, legislature to Cabinet by 31 March 2023. and judiciary in order to develop a social compact by 2021 and implement the compact by 2024.
Developing a system to ensure consistent 27 courts will be made compliant with the barrier-free access to justice for persons strategy on universal access for persons with disabilities in 2022/23.

4 93 MTSF INDICATORS JUSTICE DEPARTMENT MTSF TARGETS 2022/23 with disabilities across the justice value chain.
Coordinating the Implementation of the A framework for the virtual repository of National Action Plan (NAP) to Combat disaggregated statistical data for the Racism, Racial Discrimination, measurements of racism, racial discrimination, Xenophobia and Related Intolerance.

xenophobia and related intolerance to be developed by 31 March 2023.
Establishing and capacitating Specialised The Department will ensure that the capacity Commercial Crime Courts (SCCC’s) by and efficacy of the SCCCs is enhanced and 2024. optimised.

Two specialised Commercial Crimes Courts will be capacitated.

4.5.

National Strategic Plan on Gender-Based Violence and Femicide (NSP on GBVF).
Pillar 3 of the NSP-GBVF provides for Justice, Safety and Protection and seeks to address the systemic challenges that have resulted in an inadequate response to the management of GBVF cases, particularly domestic violence, sexual offences, child homicide, human trafficking, and other related matters.
Departments are required to integrate related NSP-GBVF outcomes in their five-year strategic plans and annual performance plans, that is: • • • • • • • Infrastructural alterations to court buildings to ensure that they are victim- friendly, disability friendly and child friendly.

Court-based victim support services and witness protection are made available, particularly in rural areas.

Quality legal aid support is readily accessible for women and LGBTQIA+ persons who cannot afford litigation.
Information on GBV laws and policies and how these can assist is made widely available.

E-services are available to survivors to ensure quick access to justice.

Information on cases is readily available for victims to access and track.

The backlog of GBVF cases is cleared.

5 94 • • The effective implementation of GBV legislation with adequate resourcing and budget.

The ongoing vetting of officials providing services to children and mentally disabled persons.

4.6.
4.6.

State of the Nation Address (2022) priorities: • Strengthening the system to protect whistle-blowers in line with the recommendations made by the Judicial Commission of Inquiry into State Capture.

Specifically, a legitimate whistle-blower should receive, as a matter • • of urgency, effective protection from retaliation.

Engaging with the Judiciary on the creation of special court rolls for state capture and corruption cases.
Continuing to intensify the fight against gender-based violence and femicide through the implementation of the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF)).

• Youth employment.

4.7.

On 2 May 2022, the Minister of Justice and Correctional Services provided a political overview, introducing the budget and plans for 2022/23 for the Department of Justice and Constitutional Development.
Regarding Justice, the Minister referred, among others, to the following initiatives: • Build and deepen Constitutionalism, respect for Human Rights and Rule of law.

The Department will hold various events to celebrate 25 years since the adoption and final certification of the Constitution, culminating in a • • • • symposium in September 2022.

Rebuilding the NPA.

Critical resources will be directed to the NPA to better capacitate it.

Cable theft and other acts of economic sabotage.


In addition, there will be a focus on addressing acts of economic sabotage as seen at ESKOM and PRASA.

Gender-based violence and femicide.

Modernized, accessible courts and people-centred services.

The devastating ransomware attack has necessitated an overhaul of the Department’s ICT infrastructure with an emphasis on digital transformation initiatives and 6 95 improved service delivery.

Various online solutions will become available in 2022.
• Establishment of a single judicial system.

The Constitution mandates the establishment of a single judicial system that is in line with the provisions of section 166 of the Constitution.

The intention is to introduce the Lower Courts Bill and Magistrates’ Court Bill in 2022/23 to replace the Magistrates Act, 1993, and the Magistrates’ Courts Act, 1944.

• Legislation.
• Legislation.

Other legislation that will be introduced in Parliament in 2022/23 include a Regulation of Trusts Bill that will strengthen the anti-money laundering legal framework; and a Criminal Law Amendment Bill that will make provision for the offence of attempt, conspiracy and inducing another person to commit an offence and will repeal the Riotous Assemblies Act, 1956.

• Infrastructure.
• Infrastructure.

In response to infrastructure challenges, the Department is engaged in various discussions with the Department of Public Works and Infrastructure about appointing an implementing agent to assist with infrastructure projects and, also, increasing the threshold amount for maintenance of court building and justice service points from R100 000 to R1 million.

5.

Fiscal policy 5.1.

Overview 5.1.1.


Medium‐term fiscal policy remains focused on reducing the budget deficit and stabilising the debt‐to‐GDP ratio.

Government has attempted to slow expenditure growth by reducing baseline budgets and setting ceilings on compensation spending.

Despite this, the gap between revenue and expenditure has widened, as much of the increased budget has been absorbed by rising public‐service salaries and debt‐service costs.

5.1.2.
5.1.2.

The 2022 Budget is the second main budget to be tabled since the onset of the Covid- 19 pandemic.

Allocations over the MTEF period respond directly to the effects of the pandemic while aiming to grow the economy.

7 96 5.1.3.

Consolidated expenditure amounts to R2.2 trillion in 2022/23, R2.2 trillion in 2023/24 and R2.3 trillion in 2024/25.

5.1.4.
5.1.4.

The allocation to functions that employ large numbers of staff, such as Peace and Security, will (continue) to decline in real terms over the MTEF due to compensation ceilings and baseline reductions to fund the Covid-19 spending response in 2021/22.

5.2.

Peace and Security function 5.2.1.

The function is allocated R220.7 billion in 2022/23, R217.0 billion in 2023/24 and R226.6 billion in 2024/25 and accounts for 12% of consolidated government expenditure.

5.2.2.
5.2.2.

Notably spending on Peace and Security has declined on average by -8.5% between 2012/13 and 2021/22 and will continue to decrease over the 2022 MTEF by -3.1%.

5.2.3.

The function’s baseline is increased by R15 billion over the MTEF period, from R645.4 billion to R660.4 billion.

The R15 billion net increase includes R12.4 billion for compensation of employees’ budgets within the function.
Peace and Security function budget allocation 2022 MTEF 2021/22 2022/23 2023/24 2024/25 % Function (R’billion) Defence and State Security 49.0 50.0 48.9 50.3 Police Services 108.5 110.2 108.6 114.2 Law Courts and Prisons Home Affairs Total 49.7 11.2 50.8 50.02 52.3 9.7 9.6 9.8 218.4 220.7 217.0 226.6 Compensation of 151.9 152.9 149.2 156.7 employees Goods and Services 49.3 48.4 Transfer and Subsidies 10.0 11.5 49.2 11.3 51.5 11.0 Total MTEF allocation 22.5% 50.% 23.0% 14.1% 100% 69.1% 22.4% 5.1% 8 97 Function (R’billion) 2021/22 2022/23 2023/24 2024/25 % Total MTEF allocation Buildings and other fixed 2.5 3.1 2.8 3.0 1.3% structures Machinery and equipment 4.5 4.6 4.4 4.3 2.0% 5.2.4.
Approximately 23% of the overall allocation for Peace and Security goes to ‘Law courts and prisons’.

Specifically, the Justice and Constitutional Development Vote receives 10.14% of the overall allocation to the function (including magistrates’ salaries).

5.2.5.

Over the next three years, this function will focus on intensifying the fight against crime and corruption, and implementing personnel reforms to contain departmental compensation within the expenditure ceiling.

5.2.6.
5.2.6.

A total of R36 million is reprioritised in 2022/23 to invest in information and communication technology in the Office of the Chief Justice, Investigating Directorate, Public Protector of South Africa, South African Human Rights Commission and Financial Intelligence Centre.

5.2.7.
5.2.7.

Over the medium term, to intensify the fight against corruption and ensure sufficient capacity for the investigation and prosecution of criminal cases emanating from the State Capture Commission, R426 million is allocated to the Investigating Directorate in the National Prosecuting Authority and the Financial Intelligence Centre.
This allocation – of which R262.1 million is from reprioritisation within the function – will provide for the permanent appointment of 68 staff in the Financial Intelligence Centre and an estimated 90 staff in the Investigating Directorate.

5.2.8.

An amount of R34.3 million is reprioritised to Legal Aid South Africa over the MTEF period to capacitate the six newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and the Northern Cape.

9 98 6.
9 98 6.

Overview of Vote 25: Justice and Constitutional Development 6.1.

The overall allocation to the Justice and Constitutional Development Vote (Vote 25) for 2022/23, including the Direct Transfer for Magistrate’s salaries is R 22.4 billion (compared with the adjusted budget of R21.9 billion in 2021/22).

The total for programmes is R20.0 billion, while R2.4 billion is allocated to Magistrate’s salaries.

The allocation to the Vote decreases in real terms by -2.06% compared with 2021/22.

6.2.
6.2.

Programmes.

In 2022/23, the total allocation for programmes, excluding the direct charge for magistrates’ salaries, is R20.0 billion (compared with an adjusted budget of R19.5 billion in 2020/21).

This allocation decreases in real terms by -1.79% from 2021/22.

6.3.
6.3.

The three Justice administered programmes (Administration, Court Services and State Legal Services), as well as the Justice Modernisation subprogramme under Programme 5, are allocated R11.9 billion for 2022/23, compared with an adjusted appropriation of R11.9 billion in 2021/22.
Vote 25 - Justice and Constitutional Development – Allocation for the 2022 MTEF per programme Programme (R ‘million) Budget 2022 MTEF 2021/22 2022/23 2023/24 2024/25 % Total Real % change expenditure 2022/23 2021/22- 2024/25 Administration 3 140.7 2 988.9 3 059.4 3 200.5 13.8% -8.9% Court Services 6 767.4 6 809.6 6 516.0 6 808.0 State Legal Services 1 330.8 1 322.7 1 303.3 1 362.0 30% 5.9% -3.71% -4.89% National Prosecuting 4 535.6 4 910.3 4 870.9 5 089.6 21.6% 3.6% Authority Auxiliary and 3 734.2 3 990.4 4 052.7 4 232.2 17.8% 2.26% Associated Services TOTAL 19 508.7 20 021.9 19 802.2 20 692.4 89.2% -1.79% 10 99 Programme (R ‘million) Budget 2022 MTEF 2021/22 2022/23 2023/24 2024/25 Magistrates’ Salaries 2 396.5 2 398.5 2 408.7 2 516.9 TOTAL 21 905.2 22 420.5 22 211.0 23 209.3 Change to 2021 Budget 358.9 607.5 259.9 272.3 estimate % Total Real % change expenditure 2022/23 2021/22- 2024/25 10.8% 100% - -4.23% -2.06% - Vote 25 - Justice and Constitutional Development – Allocation for the 2022 MTEF per economic classification Programme (R ‘million) Budget 2022 MTEF Average: Expen‐ diture/ Total (%) 2021/22 2022/23 2023/24 2024/25 2021/22- 2024/25 Current payments 17 792.8 18 330.6 18 074.0 18 880.0 81.4% Compensation of 12 560.
3 12 783.7 12 522.2 13 086.1 56.8% employees Goods and services 5 232.5 5 546.9 5 551.7 5 793.9 24.7% Transfers and 3 186.2 3 269.8 3 298.1 3 447.7 14.7% subsidies Payments for capital 926.0 820.0 839.0 881.6 3.9% assets Payments for 0.2 - - - 0% financial assets Total 21 905.2 22 420.5 22 211.0 23 209.3 100% 6.4.

The key cost drivers for the Vote remain unchanged from 2021/22, namely: • Compensation of employees.

Budgeted expenditure for salaries accounts for 57% of the allocation to the Vote.
Overall, the Vote has 23 515 posts in 2022/23 11 100 costing R12.78 billion.

In real terms, the allocation to this item decreases by - 2.6% when compared to 2021/22 (R12.56 billion).

• Goods and services.

Budgeted expenditure for Goods and Services accounts for 24.7% of the allocation to the Vote at R5.23 billion, of which: Ø R1.41 billion is allocated for property payments.

The allocation for this item increases in real terms by 12.82% compared to 2021/22 (R1.24 billion).
Ø R1.10 billion is allocated for operating leases.

This is a real increase of 5.57% compared to 2021/22 (R1.04 billion).

Ø R1.18 billion for computer services.

This is a real increase of 9.88% compared to 2021/22 (R1.07 billion).

Ø R288.3 million for travel and subsistence.

This is a real increase of 4.99% compared to 2021/22 (R274.6 million).

Ø R260.3 million for agency and support/outsourced services.

This is a real increase of 1.28% when compared to 2021/22 (R257 million).

6.5.
6.5.

Additional Funding 6.5.1.

There is an additional R1.14 billion that is allocated over the 2022 MTEF to the Vote baseline, largely to cover costs arising from the 2021 public‐service wage agreement.
This also includes additional funding for entities under the Vote, as follows: Additions to the Vote baseline 2022 MTEF R’million 2022/23 2023/24 2024/25 MTEF Total Compensation 520.7 194.4 204.6 919.6 of employees Goods and 189.8 189.6 191.0 570.4 Services Machinery and 35.8 equipment Public Protector SA 20.0 Legal Aid SA 11.2 26/0 15.2 11.3 25.9 16.6 11.8 87.7 51.8 34.3 12 101 8.0 -31.0 4.0 -31.2 5.0 -32.6 17.0 -94.8 SAHRC Households: Employee social benefits Buildings and -147.0 -149.5 -150.0 -446.5 other fixed structures Total 607.5 259.9 2 723.0 1 139.7 7.
Department of Justice and Constitutional Development 7.1.

The Department’s strategic focus is as follows: 7.1.1.

Constitutionalism and respect for the rule of law.


The Department will continue to lead and coordinate a focused national programme for engaging all of South Africa in a conversation about whether the intention of the Constitution to build a nation based on constitutionalism and human rights The extended programme will include conducting research to review the implementation of the Constitution in the past 25 years and will be published as a compendium to celebrate 25 years of the Constitution.
This research will also be utilised to guide policy making within government.

7.1.2.

Compliance with international and regional treaty obligations.
To improve compliance with international and regional treaty obligations, the Department will table in Cabinet for approval the Terms of Reference establishing the National Human Rights Coordinating, Monitoring, Reporting and Follow-up Committee (NHRCMRFC) in South Africa to serve as a national public mechanism or structure that is mandated to coordinate and prepare reports to and engage with international and regional human rights mechanisms, and to coordinate and track national follow- up and implementation of the treaty obligations and the recommendations emanating from these mechanisms.
13 102 7.1.3.

Extradition and mutual legal assistance.

Attention will be given to improving the Extradition regime and the Mutual legal assistance framework to ensure effectiveness and enhance collaboration with other States in the fight against crime in general.

The conclusion of extradition and mutual legal assistance treaties will focus specifically on countries in Latin America and South East Asia.

7.1.4. Review of justice-related colonial and apartheid era legislation.
The Department will continue to review of justice-related colonial and apartheid era legislation with the aim of aligning this legislation with the Constitution.

7.1.5.

Gender-Based Violence and Femicide (GBVF) and against all vulnerable persons.

Dedicated courts to deal with gender-based violence and related matters will be established in designated regional courts in terms of Sexual Offences Courts Regulations.
The need for disaggregated GBVF data sets has become more urgent and the NSRO will take the lead in this regard.

7.1.6.

Modernising and increasing access to justice services.

The Department will implement programmes to modernise and digitize justice services as well as increase access to justice services.

Further, the Department will roll out the court audio visual system which will enable court proceedings, including testifying and interpreting, to be done virtually by 2023/24.

7.1.7.
7.1.7.

More periodical and/or branch courts will be converted into full services courts during this strategic plan cycle.

7.1.8.

Transformation of state legal services.

Various initiatives to transform state legal services continue.

7.1.9.

Transformation of the legal profession.

The Department plans to finalise the policy guidelines on the conferral of senior counsels which will drive transformation of the legal profession.

7.1.10.

Fight against fraud and corruption.


The Department will roll out and capacitate specialised commercial crimes courts.

The Department will continue provide 14 103 infrastructure needed in relation to the SIU’s Special Tribunal, and the NPA’s Investigative Directorate.

7.1.11.

Masters’ office.

The paperless Estates Administration System (PEAS) is being used by all fifteen (15) Masters’ offices countrywide, as well as 280 magistrates’ offices linked with the relevant Masters’ offices.
The structure for a sixteenth (16th) Master’s Office in Middelburg has been approved and capacitation will take place in 2022/23.Further rollout of the PEAS to more service points is planned, subject to funds.

During past years, the Master rolled out MOVIT (fingerprint verification) to 302 Service Points, which allowed applicants to lodge their Guardian’s Fund applications at those Magistrates Courts and have their fingerprints verified there.
Following the ransomware attack, in September 2021, the relevant server was lost as well as all user data and connectivity to Home Affairs with regards to MOVIT.

As a result, users at all sites have to be re-registered and MOVIT application re-installed.

Masters has already re- registered users at all 15 Master’s Offices and at 49 Service Points.

For the 2022/23 financial year, Masters are planning to ensure that at least 150 of these service points are re-registered.
This will be measured through the Masters Service Delivery Improvement Plan (SDIP).

7.1.12.

The development and roll out of online registration of deceased estates and trusts will allow people, who want to report deceased estates or register trusts, to do so remotely.

7.1.13.

Access to persons with disabilities.

The Department is committed to providing facilities (offices/courts/service points) that allow access to persons with disabilities as required by building regulations.
Currently, 69 courts remain to be upgraded and these will be completed in the next five years.

All projects (new, additions and refurbishment) must include the specifications for access for persons with disabilities.

Currently 38 courts are under construction.

7.1.14.

Economic crime.

The DPME develops the National Annual Strategic Plan (NASP) which will be the annual plan used to monitor the implementation of the MTSF.
The selected MTSF indicator to be part of the NASP and which directly affects the Department is the percentage conviction rate in cable theft cases.

15 104 7.1.15.

Reducing case backlogs: The courts are experiencing an insurmountable increase in case backlogs, exacerbated by the outbreak of the COVID-19 pandemic and the resultant national lockdown to contain its spread.
The Department has developed, in liaison with the lower court judiciary, the NPA, Legal Aid SA and SAPS a case backlog reduction framework.

Consultation with the stakeholders for the Judiciary and the JCPS cluster are underway to reach consensus on the performance target that the courts must strive to meet to drastically reduce the backlogs.

7.1.16.

Specialised commercial crime courts (SCCCs).


The focus now will be on enhancing the SCCCs in all provinces in hindsight of the escalation of the corruption and fraud cases.

A separate roll of cases handled by the SCCCs will be maintained and monitoring will occur.

7.1.17.

Improved audit outcomes.

The Department plans to implement interventions to ensure that it achieves and sustains an unqualified audit outcome on the vote account, and performance information by 2024/25.

7.1.18.
7.1.18.

Decline in overall organizational performance.

To improve performance, the Department plans to finalise the reconfiguration of the macro structure, to fill critical vacant posts, and to train employees.

7.1.19.

Social compact.

Work on the concept of the Social Compact document has started and it will be submitted to Cabinet in 2022/23 to guide the engagement with the legislative and judicial branches of the state.
7.1.20. implementation of the National Action Plan (NAP) to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.

The Department will continue with the implementation of the National Action Plan (NAP) to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance in line with all NAP Programme of Action activities that are relevant to it.

7.1.21.

Sustained and visible anti-xenophobia campaigns conducted in collaboration with other departments and role-players.
The Department rolled out six (6) anti- xenophobia campaigns with a focus on the protection of the rights of migrants, 16 105 refugees, asylum seekers and stateless persons in different communities and on virtual platforms.

The Department will also continue with constitutional awareness and human rights education programmes to protect the rights of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons.
Furthermore, the Department will develop an intersectoral integrated system on Trafficking in Persons (TIP), which will be used to provide intersectoral data on the prevalence of TIP, as required by the UNODC, SADC and other international organizations.

7.2.

The Department has developed the following departmental outcomes: • • • • Improved organizational capabilities and good governance.

Improved awareness of justice services and constitutionalism.

Increased access to justice services.


Improved Masters Services.

• Transformed Colonial/Apartheid era justice-related legislation.

• Transformed State legal services.

• Transformed legal profession.

• Advanced constitutionalism, human rights and the rule of law.

• Crime and corruption reduced through effective prosecution.

7.3.

There have been the following changes to the 2020-2025 Strategic Plan: OUTCOME INDICATOR BASELINE 5-YEAR REVISED TARGET TARGET Increased access No.
of courts 479 520 REMOVED to Justice services providing Transformed legal % decrease in - 5% 3% services state litigation annually annually annually AMENDED Transformed legal % increase 188 10% REMOVED profession annually PDI annually legal practitioners as Senior Counsel in line with policy 17 106 guidelines on the conferral of Senior Counsel Colonial/apartheid No.

of - 12 NEW era justice related colonial/apartheid legislation era justice related reviewed and legislation replaced reviewed 7.4.
The Department of Justice and Constitutional Development has declared 2022/23 ‘a Year of the Community’.

This will culminate in the roll out of an extensive community outreach programme to interact with communities about justice services and issues of constitutionalism, promotion of human rights and respect for the Rule of Law.

7.5.
7.5.

For 2022/23, the Justice Department's projected performance and expenditure is shaped in particular by a focus on increasing access to its services, and Strengthening the fight against maladministration and corruption 7.6.
The Department has identified the following as risks: Key risks and mitigation OUTCOME KEY RISKS MITIGATION Modernised and Aging and unstable ICT • Continuous review of ICT digitised justice infrastructure resulting in infrastructure plans based on services platforms unavailability of Justice the available budget.

Service on the internet portal • Implement digital solutions to and disruption of services.
enable end to end management Delays in rolling out Courts of Justice Services in a manner Audio Visual Solution.

that will reduce paper and enable real-time communication with all stakeholders.

18 107 Improved Vacancy in key position and • Fill vacant posts.

organisational non-compliance with • Implement HRD Strategy.

capability and good employment equity targets.

• Training on policies and governance Potential for Fraud and prescripts.

corruption.
corruption.

• Introduce appropriate Non-compliance with laws consequence management and applicable prescripts leading to adverse audit outcome (Irregular expenditure, fruitless and wasteful expenditure and late payments of suppliers).

Improved awareness Inadequate cooperation from • Strengthen departmental of justice services and line function managers platforms (website and social Constitutionalism timeously on content media sites to drive more updates/responses planning required and for communication).
• Engage Civil Society communication activities Organisations (CSO's), NGOs Inadequate planning and and third-party endorsers who managing of events by the can assist in conveying project owner within the departmental message department.

Increased access to Increased Gender based Implement National Integrated justice services violence and Femicide which Femicide Prevention Strategy results in diminishing public which includes phases of femicide confidence in the criminal watch justice system.
Inability to implement the Speedy finalisation of child justice Child Justice Act and other preliminary inquiries in order to legislation.

increase access to justice services in the best interest of children Ineffective implementation Implementation of phase two of the NRSO Act resulting in which will Improve turnaround 19 108 the continued exposure of time of issuing of clearance children and persons with certificates to the clients.
mental disability to convicted sex offenders Delay in establishment of Designation of regional courts Sexual Offences Courts where the SOCs must be (SOCs) resulting in perpetual established.

victimisation of victims.

Deteriorating court and • Integrated, proactive and office facilities leading to effective planning in the non-compliance to maintenance of court and Occupational Health and office infrastructure.

Safety Act and possible • Department to identify service office closure.
points that should be remodelled to comply with universal access, designated principles and provision of reasonable accommodation for person with disabilities.

Improved masters Delay in provision of masters • Develop a system that will services services due to slow network create opportunity for online or system challenges.

platforms by master services.

Potential fraud and • Monitor all applications to corruption in administration ensure speedy finalization 3. of masters processes.
Implementation of Ethics Management Colonial/apartheid era Out-dated legislation which • Develop Rules and research justice related does not further papers.

legislation reviewed constitutionalism.


• Develop legislation and review and replaced Apartheid/Colonial era justice- related legislation Transformed State Internal and external (State Legal Services organs and private legal 20 109 practitioners) resistance to • Finalisation and change in relations to the implementation of strategy and mandate of the Management of state Office of the Solicitor Litigation policy, briefing and General.

tariff policy and Mediation Inadequate management of policy.
contingent liabilities.

• Review and update contingent Non availability of up-to- liability register.

date Virtual Library in • Use of public websites and respect of Office of the Chief free internet sites to access State Law Advisor (OCSLA) information leading to delays Transformed legal Slow transformation of • Briefing counsels on a fee- profession previously disadvantaged sharing basis.

individuals (PDIs) including • Pair PDIs with experienced female counsels counsels from other groups.
• Stakeholder engagement on what is expected from the client Advanced Delays in submissions of • Develop and implement constitutionalism, reports for tabling and comprehensive stakeholder human rights and the ratifications.

engagement strategy.

rule of law Lack of cooperation to draft • Consultation with Embassies / reports by some stakeholders foreign states, State security (Departments, NGOs, Agency (SSA), NPA, SAPS Chapter 9 institutions).

and DIRCO.
and DIRCO.

Delays in extradition process and mutual legal assistance 8.

Department of Justice and Constitutional Development: Programmes 8.1.

Programme 1: Administration 21 110 8.1.1.

The purpose of this programme is to provide strategic leadership, management and support services to the Department.

8.1.2.
8.1.2.

The programme contributes to Outcome 1: Modernising and increasing access to justice services; Outcome 2: Improved organisational capability and good governance; and Outcome 3: Improved awareness of justice services and constitutionalism.

Performance planning 8.1.3.


The following output indicators are added: OUTPUTS INDICATORS 2022/23 TARGETS Justice services Phases of State Attorneys Phase 1 - Legal practice accessible via Services available on the DOJ management solution to enable Digital Channels Internet Portal (online) by target the tracking of state attorney Appointment of Percentage of total workforce 2% date.

cases and files.).
cases and files.).

people with positions occupied by people disabilities living with disability Appointment of Percentage of total workforce 22% youth positions occupied by youth 8.1.4.

The following indicators have been removed: • Vacancy rate at SMS level.

(In the 2021/22 APP the Department had set a target of a 10% vacancy rate over the medium term.)

• Percentage of significant findings resolved (in respect of audit issues).
• Number of people trained in line with Workplace Skills Plan (WSP) through Justice College and HRD unit.

• Percentage of Rand Value of Discretionary Procurement allocated to Exempted Micro Enterprises (EMEs) and Qualifying Small Enterprises(QSE).

22 111 • Expungement of Criminal Records services accessible via Digital platforms implemented.

• Number of sites where Cashless Court Solution through Point of Sale Devices is deployed.
• Number of initiatives completed to implement reconfigured macro structure.

• Percentage of disciplinary hearings finalised within 90 days from the date of opening the matter.

• Percentage of grievances resolved within 90 days from the date of opening the matter.

• Number of backlogs on disciplinary hearing cases for misconduct resolved.

• Number of grievances backlog resolved.

• Percentage of Rand Value of Discretionary Procurement allocated to women (10% in 2021/22 and over the medium term).
• Percentage of expungements finalized within 3 (three) months of receipts of complete application (this indicator has been moved to the State Legal Services’ programme).

• A National Conference to celebrate the 25th Year of the Coming into Effect of the Constitution held by 31 March 2022.

8.1.5.

The target for the Indicator ‘Percentage of undisputed and valid invoices paid within 30 days from date of receipt’ is reduced from 100% to 98%.

(The target over the medium term is set at 98%).

Budget 8.1.6.
Budget 8.1.6.

The Administration programme is allocated R2.98 billion in 2022/23, compared with an adjusted budget of R3.14 billion in 2021/22.

Overall, the allocation to Administration decreases by -9% in real terms.

The largest real decrease of -23.10% is to the Corporate Services subprogramme.

This is the third consecutive year that the allocation to Corporate Services has decreased significantly in real terms.
Administration: Allocation 2021/22 - 2022/23, including nominal and real percent change 23 112 Sub-programme Budget R’million 2021/22 2022/23 Ministry Management 38.3 56.5 Corporate Services 1 197.8 Financial Administration: 217.6 Internal Audit 102.6 Office Accommodation 1 527.8 TOTAL 3 141.0 38.3 56.9 962.6 228.4 101.5 1 601.2 2 988.9 Nominal Real Percent Percent change 2022/23 0.00 % 0.71 % change 2022/23 -4,31 % -3.63 % -19.64 % -23.10 % 4.96 % -1.07 % 4.80 % -4.8 % 0.44 % -5.33 % 0.29 % -8.93 % 8.1.7.
The spending focus for the programme remains mainly on operating leases (R1.06 billion), personnel (R650.7 million), property payments (R540.1 million), and computer services (R495 million).

8.1.8.

Personnel.

The Administration programme has 1 146 posts, of which 162 are currently vacant with a vacancy rate of 14.1%.

8.2.

Programme 2: Court Services 8.2.1.


The Court Services programme facilitates the resolution of criminal and civil cases, and family law disputes, by providing accessible, efficient and quality administrative support to the courts and to manage court facilities.

Performance planning 8.2.2.
The following new indicators are introduced: OUTPUTS OUTPUT INDICATORS 2022/23 TARGETS NRSO Clearance Number of NRSO clearance Certificates 3000 Certificates issued from issued from backlog cases backlog cases 24 113 OUTPUTS OUTPUT INDICATORS 2022/23 TARGETS Maintenance Percentage of maintenance Investigations 30% investigations finalised finalised within 90 days of receipt of instruction by the Maintenance Officer or Referral by the Clerk of the Maintenance Court Dedicated Specialised Number of dedicated Specialised 2 Commercial Courts Commercial Crimes Courts capacitated (Serious Economic Crimes Courts) 8.2.3.
The following indicator has an increased target: Number of sexual offences courts established at designated courts.

The target for 2022/23 is 80 courts.

8.2.4.

The following indicators have been removed: • • • Number of branch courts converted into full services courts.

Percentage of criminal cases postponed due to unavailability of court administration staff.

Case backlog Reduction Framework submitted to the Minister for approval by 31 March 2022.

8.2.5.
8.2.5.

The targets relating to following indicators have been reduced: • Percentage of NRSO Clearance Certificates issued within 10 working days from date of receipt of the application.

The target for 2022/23 is reduced from 75% to 55%.

• Number of courts compliant with the strategy on universal access for persons with disabilities.

The target is reduced from 100 courts to 27 courts in 2022/23.

Budget 8.2.6.
Budget 8.2.6.

Court Services is allocated R6.8 billion in 2022/23, compared with an adjusted budget of R6.8 billion in 2021/22 (for the Lower Courts, Family Advocate, Magistrates Commission, Facilities Management and Administration of Lower Courts sub-programmes).

Overall, the allocation to this programme decreases in real 25 114 Nominal Real Percent Percent change 2022/23 change 2022/23 -2.25 % -4.78 % 9.54 % terms by -3.71% from 2021/22.
The most significant real decrease of -15.24% is experienced by the Facilities Management subprogramme, which is responsible for the provision of office and courts’ accommodation and maintenance.
Court Services: Allocation 2021/22 - 2022/23, including nominal and real percent change Sub-programme Budget R’million 2021/22 2022/23 Lower Courts Family Advocate Magistrates Commission 5 181.9 5 293.1 2.15 % 284.9 15.2 282.6 -0.49 % 17.4 14.47 % Facilities Management 717.6 635.6 -11.43 % -15.24 % Administration of Lower Courts 568.7 581.0 TOTAL 6 767.4 6 809.6 2.16 % 0.6 % -2.24 % -3.71 % 8.2.7.
Funding for selected indicators is as follows: OUTPUT INDICATOR DEDICATED BUDGET SUPPORT FOR KEY INDICATORS Increased access Number of sexual R30 million to designate 115 additional to justice services offences courts courts as sexual offences courts and established at designated improve the management of the National courts Register for Sex Offenders (NRSO) Number of courts R49 million to upgrade all justice compliant with the buildings to be accessible to people with strategy on universal disabilities.
access for persons with disabilities Crime and Number of dedicated R40 million annually for the corruption Specialised Commercial establishment and enhancement of reduced through Crime Courts Specialised Commercial Crimes Courts, effective capacitated specifically for additional Legal Aid prosecution 26 115 OUTPUT INDICATOR DEDICATED BUDGET SUPPORT FOR KEY INDICATORS South Africa practitioners as well as court officials to support the courts.

8.2.8.
8.2.8.

The spending focus for the programme remains mainly on personnel (R4.4 billion), property payments (R767.6 million), buildings and fixed structures (R570 million) and travel and subsistence (R154.6 million).

8.2.9.

Personnel.

The programme has 13 413 posts, of which 934 posts are currently vacant with a vacancy rate of 7%.

8.3.

Programme 3: State Legal Services 8.3.1.


The programme provides legal and legislative services to government; supervises the administration of deceased and insolvent estates an estates undergoing liquidation; manages the Guardian’s Fund; facilitates constitutional development; and undertakes research.

Performance planning 8.3.2.
The following new indicators are introduced in 2022/23: OUTPUTS OUTPUT INDICATORS 2022/23 TARGETS Bills, Regulations, Number of Bills, Regulations, 3 Notices and Notices and Proclamations to Proclamations strengthen the anti-corruption architecture of South Africa submitted to the Minister for consideration and approval Plan to implement Plan for the implementation of 30 June 2022 recommendations of the the recommendations of the Commission on State Commission on State Capture Capture developed and submitted to the 27 116 OUTPUTS OUTPUT INDICATORS 2022/23 TARGETS Minister for consideration and approval by target date Engagements with Number of engagements held 4 stakeholders with stakeholders toward the promotion of Equality Courts departments and role-players Framework for National Framework for Framework to be submitted Participatory Democracy Participatory Democracy for approval by 31 March submitted to DG for approval by 2023 target date 8.3.3.
The following indicators are removed: • • • • • • • Policy on the management of the state litigation contingent liability implemented.

Policy Guideline on the conferral of Senior Counsel status implemented.

Policy Framework and accompanying draft Regulations on Conferral of Senior Legal Practitioner (advocates and attorney) submitted to the Minister for approval by 31 March 2022.

Rapid Response Mechanism to respond to incidents of racist and xenophobic offences/hate crimes established by 31 March 2022.
Framework on Extradition and Mutual legal assistance submitted to the Minister for approval by 28 February 2022.

Framework on treaty obligations submitted to the Minister for approval by 31 March 2022.

Framework to Monitor the implementation of Constitutional Court judgements submitted to the Minister for approval by 31 March 2022.

8.3.4.
8.3.4.

Targets relating to following indicators have been reduced: • Number of Colonial/ Apartheid era justice-related legislation approved by the Minister for submission to Cabinet.

The projected target set in the 2021/22 APP for 2022/23 was 4 but is now reduced to 3.

28 117 • Number of research papers submitted to the South African Law Reform Commission for consideration and approval.

The projected target set in the 2021/22 APP for 2022/23 was 12 but is now reduced to 10.

Budget 8.3.5.
Budget 8.3.5.

The State Legal Services programme is allocated R1.32 billion in 2022/23 compared with an adjusted budget of R1.33 billion in 2021/22 (for the State Law Advisers, Litigation and Legal Services, Legislative Development and Law Reform, Master of the High Court and Constitutional Development subprogrammes).

The allocation to the programme decreases in real terms by -4.89% from 2021/22.
State Legal Services: Allocation 2021/22 - 2022/23, including nominal and real percent change Sub-programme Budget Nominal Real R’million Percent Percent 2021/22 2022/23 change change 2022/23 2022/23 State Law Advisors 82.2 82.5 0.36 % -3.96 % Litigation and Legal Services 512.7 511.1 -0.31 % -4.60 % Legislative Development and Law Reform 77.9 R75.7 -2.82 % -7.01 % Master of the High Court 567.3 558.9 -1.48 % -5.72 % Constitutional Development 90.7 94.5 4.19 % -0.30 % TOTAL 1 330.8 1 322.7 -0.6 % -4.89 % 8.3.6.
The spending focus for the programme remains mainly on personnel (R1.15 billion), and Legal Services (R39.3 million).

8.3.7.

Personnel.

The programme has 2279 posts of which 259 posts are currently vacant with a vacancy rate of 11.4%.

9.

Programme 4: National Prosecuting Authority 9.1.


The NPA provides a co-ordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialized prosecutions; 29 118 removes the profit from crime; and protects certain witnesses.

The NPA also forms part of the Anti-Corruption Task Team (ACTT).

9.2.
9.2.

The programme has the following sub-programmes: • National Prosecutions Service: Primarily responsible for general and specialised prosecutions and the appeals that might follow, which include resolving criminal matters outside of the formal trial process through alternative dispute resolution mechanisms, settling admissions of guilt for minor offences and considering dockets brought by the police where persons have not been charged.
This sub-programme further deals with priority crimes litigation, sexual offences, and community affairs and specialised commercial crimes.

• Investigating Directorate provides for the Investigating Directorate, established in the Office of the National Director of Public Prosecutions, to deal with offences or criminal or unlawful activities involving serious, high‐ profile and complex corruption, including allegations of corruption arising from commissions of inquiry.
• • Assets Forfeiture Unit: Seizes assets that are the proceeds of crime or have been part of the offence through a criminal or civil process.

Office of Witness Protection: Provides for protection, support and related services to vulnerable, intimidated witnesses and related persons in judicial proceedings in terms of the Witness Protection Act (1998).
• Support Services provides corporate support services to the NPA in terms of finance, human resources, ICT, strategy support, integrity, security, communication and risk management.

9.3.

The NPA has aligned its strategy with the Department’s impact statement of ‘Improved public perception, confidence in the justice system and respect for the rule of law’ and contributes the outcome ‘Crime and corruption reduced through effective prosecution.
The related outputs, indicators and targets are as follows: NPA – Outcomes, outputs, output indicators and targets 30 119 OUTPUT OUTPUT TARGET INDICATORS 2021/22 2022/23 2023/24 2024/25 ESTIMATE Effective Conviction rate in 87% 87% 87% 87% prosecutions High Court conducted Conviction rate in 74% 74% 74% 74% Regional Court Conviction rate in 88% 88% 88% 88% District Court Conviction rate in N/A 80% 80% 80% cable theft cases Number of witnesses 0 0 0 0 and related persons threatened, harmed or killed while on the witness protection programme Fraud and Conviction rate in 93% 90% 90% 90% corruption dealt complex commercial with crime Number of persons 370 334 334 334 convicted of corruption and/or offences related to of NA 11 16 21 corruption Number investigations authorised NEW Number of state NA 9 18 27 capture enrolled matters 31 120 OUTPUT OUTPUT TARGET INDICATORS 2021/22 2022/23 2023/24 2024/25 NEW ESTIMATE Number of cases 90 100 110 120 finalised with verdict involving money laundering Freezing of Value of completed R550 R550 R550 R550 money and assets forfeiture cases million million million million that are the Value of freezing R2.4 bn R2.4 bn R2.4 bn R2.2 bn proceeds of crime orders obtained for corruption or offences relating to corruption Recovery of Value of recoveries R1.4 bn R1.6 bn R1.8 bn money and assets relating to corruption that are the or related offences proceeds of crime Victim-centric Number of operational 58 62 64 66 services enhanced TCCs in place Conviction rate in 70% 70% 70% 70% sexual offences Number of public 140 150 160 awareness sessions conducted Budget 9.4.
The NPA is allocated R4.9 billion for 2022/23, compared with R4.6 billion in 2021/22.

9.5.

The NPA receives an additional R1.1 billion over the medium term, as follows: R422.7 million in 2022/23; R327.3 million in 2023/24 and R342.05 million in 2024/25.

Specifically, an allocation of R393 million over the medium term is made 32 121 to the Investigating Directorate sub-programme.

The NPS sub-programme accounts for 77.21% of the 2022/23 budget.
NPA: Allocation for 2022 MTEF SUB-PROGRAMME BUDGET R’000 ADJUSTED 2021/22 2022/23 2023/24 2024/25 National Prosecutions Service 3 507.3 3 706.4 3 666.7 3 871.4 Investigating Directorate Asset Forfeiture Unit Office of Witness Protection Support Services Total 106.4 195.2 196.6 467.- 243.6 212.4 219.9 528.0 236.1 210.2 221.5 536.5 246.7 219.7 231.4 560.4 4535.6 4 910.3 4 870.9 5 089.6 Change to 2021 estimate - 89.4 422.7 342.0 9.6.
The NPA has registered that it requires a further R750 million per annum and R1 billion per annum for it to respond to the Zondo Commission reports and for longer term ‘structural needs’ to strengthen the NPA’s capacity as part of the criminal justice system’s response to rising crime levels.

9.7.

Personnel.

The NPA has a staff establishment of 6210 posts, of which 4948 are filled.
The NPA has embarked on mass recruitment to address shortages of capacity and necessary skills needed to investigate and prosecute complex matters within the NPA environment.

This includes to a large extend the capacitation of the Investigating Directorate.

10.

Programme 5: Auxiliary and Associated Services 10.1.
The programme provides a variety of auxiliary services associated with the Department’s aims and also funds transfer payment to the South Africa Human Rights Commission, the Public Protector SA, Legal Aid South Africa, the Special Investigation Unit and the Information Regulator.

33 122 10.2.

The spending focus of this programme is the modernisation of the justice system and transfers to public entities and constitutional institutions.

10.3.

Justice Modernisation 10.3.1.


The Justice Modernisation sub-programme contains funds for the modernisation of IT systems and for the Integrated Justice System (IJS) project on behalf of Justice Crime Prevention and Security (JCPS) Cluster departments and entities.

10.3.2.
10.3.2.

Justice Modernisation has identified the following outcome: ‘Modernised and digitised justice services platforms’ and outputs: ‘Inter-departmental information exchange platform’; ‘KPIs completed on the Integrated Justice System dashboard’; ‘Criminal Justice System (CJS) Digitised and Integrated’; and ‘Effective IJS Governance Systems’.

.

10.3.3.

The following indicator is removed: Number of IJS DPME Assessment Report recommendations implemented.

10.3.4.
10.3.4.

According to the 2022/23 APP, a total of 59 IJS projects will be undertaken in 2022/23, including: • • • • • SAPS - Integrated Person Management (IPM), CAS/ICDMS, Service Integration Bus (SiBUS) NPA – ECMS High Court Module Phase 1 (Critical for the IJS APP/ 28 KPI dashboard); Digital docket; ECMS Phase 3.
Justice Department – Electronic Bail; Court Audio Visual Solution for case participants - Phase 2; Targeted Infrastructure and Network Upgrades (Staggered) (Critical for Datacentre upgrade); Legal Aid SA – eLAA rolled out to production.

Department of Home Affairs - HANIS Technology Refresh (Outer Year).

To be rolled out in April 2022 10.3.5.

Justice Modernisation is allocated R777.2 million for 2022/23.

Compared with R621.1 million in 2021/22, increasing by 19.7% in real terms.
34 123 Justice Modernisation: Budget nominal and real changes 2021/22 - 2022/23 SUB- ALLOCATION NOMINAL REAL PROGRAMME 2021/22 2022/23 (Adjusted) PERCENT PERCENT CHANGE CHANGE IN 2022/23 IN 2022/23 Justice Modernisation: R621.1 million R777.2 million 25.13 % 19.74 % 11.

Legal Aid South Africa 11.1.


The main objective of Legal Aid SA is to render or make available legal representation to indigent persons at state expense as contemplated in the Constitution, ensuring the rights of citizens to access to justice.

11.2.

The Strategic Plan 2020-2025 sets out the policy priorities, programmes and project plans for that period, as well as the related outcomes, outcome indicators and five- year targets.
Legal Aid SA’s plans are aligned with the MTSF priority ‘Social cohesion and safer communities’: 11.3.

Legal Aid SA’s strategic outcomes for 2020-2025 are to provide quality justice for all, especially, the poor and vulnerable, and to be a respected, high performance, sustainable and accessible public entity that will have a positive impact on society, the economy and the environment.

11.4.
11.4.

The overall strategic shift for the 2020-2025 period that Legal Aid SA is seeking to achieve is ‘Ensure equal access to justice for all to build a just society’.

11.5.
11.5.

In carrying out its mandate, Legal Aid SA continues to identify the following priority groups: children; every detained person, including sentenced prisoners; every accused person who wishes to appeal or review a court decision in a higher court; women, particularly in divorces, maintenance and domestic violence cases; and the landless, especially in eviction cases.

11.6.
11.6.

Land Rights Management Unit: 35 124 • On 1 January 2022, Legal Aid SA took over the management of the legal component of the Land Rights Management Facility in the Department of Agriculture, Land Reform and Rural Development (DALRRD).

The Land Rights Management Unit (LRMU) has received 33 referrals from the DALRRD to date.
• The Justice Department is engaging National Treasury to secure the required funding to implement the LRMU s internal management and service delivery structure for land-related matters.

• Legal Aid SA intends to follow the salaried Legal Practitioner model per province to provide legal representation to farm occupiers, labour tenants and land claimants post the transitional phase.
• The internal Legal Practitioners will be trained and capacitated to handle land related matters and the current legal quality assurance program will be adopted by the LRMU to ensure the delivery of quality legal services • To ensure a seamless handover, LRMU will make use of the LRMF Panel of Legal Practitioners attending to pending matters as of 1 January 2022 (transfer date), subject to two conditions: accreditation on the Legal Aid SA Judicare System and compliance with the National Treasury CSD requirements.
• • In 2022/2023, Legal Aid SA will manage the LRMU from the National Office until it receives funding to cover the roll out of the proposed national footprint.

Resourcing of the Provincial footprint will be phased in from June 2022, subject to availability of funds.

Budget 11.7.

Legal Aid SA is allocated R2.1 billion in 2022/23 compared to R2.05 billion in 2021/22.

Salaries and related costs continue to be the largest driver of spending accounting for 79% of the allocation.
The operating budget is the second highest driver accounting for 12% of the allocation.

Other direct expenditure relates to expenditure that is directly linked to the provision of Legal services.

The remaining 2% is for the replacement of capital assets.
Legal Aid SA programme budget for the 2022 MTEF 36 125 Subprogramme 2021/22 2022/23 2023/24 2024/25 (R’million) Legal Aid Services 539.5 Administration Special projects TOTAL 1 451.4 63.3 2 054.2 571.9 1 475.6 66.7 2 114.2 587.9 1 474.6 69.7 2 132.2 598.1 1 557.8 71.1 2 227.1 11.8.
There are additional allocations of R11.2 million in 2022/23, R11.3 million in 2023/24 and R11.8 million in 2024/25 to fund the cost of 15 legal practitioners appointed in 2021/22 to service newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and Northern Cape.

11.9.

Legal Aid SA’s baseline is reduced by R352 million or 15% over the 2022 MTEF as follows: R75 million (R20 million in 2020/21; R25 million in 2021/22 and R30 million in 2022/23).
This has had a negative impact on service delivery as 80% of the budget is spent on employee costs and legal practitioners make up 79% of the total staff component.

Vacant permanent positions have not been filled due to lack of certainty on future funding requirements.

11.10.
11.10.

The impact of the baseline reduction on Judicare, staffing, service delivery and coverage is as follows: 2021/22 2022/23 -R8.8 million -R7.6 million Judicare Staff Criminal matters Coverage -131 -33 945 District Court 82.1% Regional Court 90.8% -171 -52850 76.5% 85.4% Civil matters Advice 236 355 (-11%) 209 985 (-10%) Civil matters 40 034 36 034 (-8%) 37 126 12.

Special Investigating Unit 12.1.


The SIU’s principal function is to investigate serious malpractices, maladministration and corruption in connection with the administration of state institutions, state assets and public money, as well as any conduct that may seriously harm the interests of the public.

The SIU also: • Institutes and conducts civil proceedings in any court of law or special tribunal, in its own name or on behalf of state institutions.
• Brings potential disciplinary matters to the attention of state institutions.

12.2.

Although the SIU does not have the power to arrest or prosecute offenders for criminal conduct, it reports matters to the Directorate for Priority Crime Investigation (DPCI/the Hawks), the South African Police Service (SAPS) and the National Prosecuting Authority (NPA).
The SIU works closely with the Asset Forfeiture Unit (AFU) in the NPA, where its powers are more appropriate or effective in recovering the proceeds of crime.

The MTSF also identifies the investigative reports of the Financial Intelligence Centre as key in the identification of high priority cases.

The SIU is part of the Anti-Corruption Task Team (ACTT), which was established to fast–track investigations and prosecutions of serious corruption cases.

12.3.
12.3.

The SIU locates its role under the MTSF priorities: ‘Social Cohesion and Safe Communities’ and ‘A capable, ethical and developmental state’.

The MTSF envisages an improvement in corruption perception by the end of the five-year period.
The SIU is to contribute by reducing levels of fraud and corruption in the private and public sectors; freezing money and assets; establishing and strengthening the capacity of the Special Tribunal for civil recoveries; and increasing the use of Financial Intelligence Reports in identifying high priority cases.

12.4.

The SIU reports that its strategic focus areas for 2022/23 are: • Improving investigation turnaround times.

• Monitoring implementation of the SIU referrals and consequence management.
38 127 • • Implementing measures to accelerate civil litigation.

Reviewing and strengthening the SIU funding model.

• Monitoring and evaluating the impact of the SIU objectives.

• Implementing targeted prevention and awareness campaigns.

• Making systematic recommendations to state institutions to prevent a recurrence of corruption, maladministration and malpractice.

Improving communication and stakeholder relations.


Implementing corruption, maladministration and malpractice data analytics improving the SIU governance framework improving all the SIU operations enablement functions.

Introducing a new organisational and individual performance management system.

Re-introducing an E-PMO (NEW).

• • • • • Digital Transformation (NEW).

• Accelerating implementation of Data Analytics capability (NEW).

• • Business Development (Provincial Offices) (NEW).
Strengthening of Employee Value Proposition (EVP) (NEW).

12.5.

The SIU has identified the following as key risks: • Inability to provide adequate protection of investigators and whistle blowers against intimidation and threats emanating from SIU investigations.

• Inability to financially sustain SIU operations in the short to medium term due to shortcomings in the funding model.

• Inadequate human resource capacity to execute and meet the growing demand of the SIU forensic and litigation services.
• Inability to expedite and timeously conclude civil matters and other legal proceedings enrolled at the Special Tribunal.

• • Failure to complete investigations as per approved project plans and timeframe.

Inability to provide adequate monitoring on the implementation of the SIU legal recommendations.

12.6.
12.6.

The SIU continues to have three programmes: PROGRAMME RESPONSIBILITY 39 128 Administration Responsible for the provision of business oversight and enablement services to the core business units of the SIU.

Investigations and Legal Counsel Responsible for ensuring the adequate Programme execution of the mandated service delivery of the SIU.
Market Data Analytics and Prevention Responsible for the implementation of relevant and proactive initiatives to prevent the reoccurrence of fraud and corruption cases as a result of systemic weaknesses in the public sector and to positively influence the behaviour of South African citizens 12.7.
There are no new indicators for the Administration sub-programme, namely ‘Maintaining an unqualified audit’; ‘Implementation of Data Analytics milestones (phase 2)’; and ‘Stakeholder engagements’ (although the target for this last indicator has increased to 5 in 2022/23 and over the medium term.)

12.8.

There are no new indicators for the Investigations and Legal Counsel sub-programme.
However, certain targets have been amended when compared to the projected targets contained in the 2021/22 APP: • Number of referrals for disciplinary action against officials.

In the 2022/23 APP this target is reduced to 180 from 200 in 2021/22.

• Number of referrals made for administrative action.

In the 2022/23 APP, the target for 2022/23 is reduced from 150 to 120.

• Number of referrals made to the NPA.

In the 2022/23 APP, the target for 2022/23 is reduced from 275 to 250.
• Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings.

In the 2022/23 APP, the target for 2022/23 is increased from the projected target of R1.8 billion to R2 billion.

• Number of cases in the Special Tribunal.

In the 2022/23 APP, the target for 2022/23 is increased from the projected target of 30 to 35.

40 129 • Rand value of contract and or administrative decisions and or actions set aside or deemed invalid.
In the 2021/22 APP the projected target for 2022/23 was R1.5 billion.

In the 2022/23 APP this target has been increased to R1.6 billion.

12.9.

There are no changes to the indicators and related targets for the Market Data Analytics and Prevention, which remain: 100% Allegations received from Whistleblower hotline recorded for tracking; and 100% of registered allegations assessed by Assessment Committee.

Budget 12.10.
Budget 12.10.

The SIU has a mixed funding model that derives income from a National Treasury grant and from work done for state departments.

The SIU’s projected total revenue for 2022/23 is R850.1, compared with R800.9 million in 2021/22, decreasing by-1.57% in real terms.

12.11.

The grant allocation is R452.1 million or 55.3% of the total projected revenue for 2022/23, while the SIU has projected that it will receive R369.6 million in payments from state institutions for services rendered.
SIU revenue 2022 MTEF Revenue R’million 2021/22 2022/23 2023/24 2024/25 Sale of goods and services other than capital assets 336.3 369.9 406.9 447.6 Other non-tax revenue Transfers received Total revenue 26.7 28.1 29.5 30.9 437.9 452.1 454.8 475.1 800.9 850.1 891.2 953.8 12.12.
The SIU’s expenditure is expected to increase at an average annual rate of 17.9%, from R751.6 million in 2021/22 to R1.2 billion in 2024/25, driven by an increase in spending on compensation of employees from R531.2 million in 2021/22 to R927.9 million in 2024/25.

This increase reflects the planned increase in the number of personnel from 612 in 2021/22 to 816 in 2024/25, in line with the objective of increasing the number of investigations finalised.

41 130 12.13.
41 130 12.13.

In 2020/21, the SIU’s budget was cut by R31 million.

In 2021/22, a further R134.2 million was cut over MTEF.

However, there are no additional cuts imposed in the 2022 Budget.

12.14.

Personnel.

The staff complement as at March 2022 was 588, of which there are 6 or 1.8% people living with disabilities.

The vacancy rate as at the end of the March 2022 is 12% (as compared to 15% of the previous year) against the 13% planned target.

13.

Public Protector SA 13.1.


The Public Protector SA is an independent constitutional institution whose mandate, broadly, is to support and strengthen constitutional democracy by investigating maladministration or improper conduct in state affairs or the public administration in any sphere of government and to take appropriate remedial action.

The Constitution also states that the Public Protector must be accessible to all persons and communities.

Performance planning 13.2.


The PPSA continues to plan its performance in line with its Vision 2023, which is underpinned by the following pillars: • • • • • • • Enhancing access to (PPSA) services.

Engaging targeted communities in their mother tongue.

Expanding the (PPSA’s) footprint.

Leveraging stakeholder relations and formalising those relationships in Memoranda of Understanding.

Projecting the image (of the PPSA) as being a safe haven for the downtrodden.
Empowering people to understand their rights.

Encouraging organs of state to establish effective internal complaints resolution units.

• Turning communities into their own liberators.

42 131 13.3.

The PPSA has the following impact statement: ‘Empower everyone at all levels of society to effectively engage organs of state about any injustice, service delivery failure or improper conduct and assist organs of state to establish and maintain efficient and effective governance and administration’.

13.4.
13.4.

The PPSA has identified the following as its intended outcomes: • • • • Accessible PPSA services.

Successful resolution of complaints.

Clean audit achieved and maintained.

Implementation of ICT systems to optimally support business objectives.

13.5.

The PPSA continues to have three programmes: Administration, Investigations and Stakeholder Engagement.

13.5.1.

Administration: The programme has two indicators: ‘A clean audit achieved annually’; and ‘Implementation of ICT infrastructure’.
The target for ‘Implementation of ICT infrastructure’ has changed for 2022/23 from 100% implementation of a Mobile Referral Application by 31 March 2022 to 100% implementation of a Case Management Application.

13.5.2.
13.5.2.

Investigations: The programme has five indicators: ‘Number of Investigation reports finalised’; ‘Percentage of adherence to turnaround times in finalisation of cases’; ‘Investigation and finalisation of systemic investigations/interventions’; Number of quarterly reports on the implementation of remedial action submitted to Parliament’ (NEW) and ‘Number of dialogues with organs of state on systemic challenges’.
Notably the indicator, ‘’Percentage of 2 years and older cases finalised’ has been removed.

Amendments to the related targets are as indicated: OUTPUT INDICATOR 2022/23 APP TARGETS Number of Investigation The target is increased from 50 to 80 investigation reports finalised reports finalised in 2022/23; 90 reports in 2023/24 and 100 in 2024/25.
43 132 OUTPUT INDICATOR 2022/23 APP TARGETS Systemic investigations The target has been increased from 2 to three systemic finalised investigations finalised in the 2022/23.

13.5.3.

Stakeholder Engagement.

The performance indicator remains the same: ‘Number of activities executed in the implementation of an Integrated Access and Stakeholder Management Strategy’ but the target of 245 activities has been reduced to 117 for 2022/23 and over the medium term.

Budget 13.6.
Budget 13.6.

The PPSA is allocated a budget of R360.9 million for 2022/23 compared to the revised R340.9 million in 2021/22 financial year.

Public Protector SA Budget 2022 MTEF PROGRAMME 2021/22 2022/23 2023/24 2024/25 (R’million) Administration Investigations Stakeholder engagement Total REVISED 160.2 188.3 14.3 362.7 * 146.2 200.0 14.7 360.9 144.3 201.1 15.0 360.4 153.3 208.5 15.5 377.3 *Note: The original approved budget of PPSA amounts to R331,8 million.
Additional budget of R30,8 million confirmed in November 2021 was factored in the last 2 months of the financial year.

The revised budget for the year was R362,7 million.

13.7.

Spending on personnel costs in the 2022/23 financial year will amount to R269.8 million, which represents 75% of the entire allocation.

Spending on Goods and services amounts to R86.6million (24%) and capital expenditure amounts to R4,3 million (1%).

13.8.
13.8.

The 2021 MTEF reduced the PPSA baseline over the medium term by R85.1million.

However, the 2022 MTEF provides for additional funding over the medium term of 44 133 R51.8 million for the PPSA as follows: R20 million in 2021/22; R15.2 million in 2022/23 and R16.6 million in 2023/24 13.9.
PPSA currently has the following funding needs that hinders the effective functioning of its operations: Description R’million Funding of critical positions Radio Studio Office Subject Matter Experts Total 2022/23 2023/24 2024/25 15.2 0.2 2.0 17.4 15.2 0.02 1.0 16.2 15.8 0.02 1.0 16.9 13.10.

Personnel.

The number of posts for 2022/23 of 378 increases by 10 from the 368 posts in 2021/22.

14.

South African Human Rights Commission (SAHRC) 14.1.
The SAHRC’s constitutional mandate is extremely wide, encompassing almost every aspect of civil, political and economic rights.

It must promote respect for human rights; promote the protection, development and attainment of human rights; and monitor how well human rights are observed.
The Constitution also provides that each year the Commission must require relevant organs of state to provide it with information on measures taken towards the realisation of the socio-economic rights contained in the Constitution.

14.2.

The Commission has other mandates, including: • The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA).

• • The Promotion of Access to Information Act, 2000 (PAIA).
Preventing torture through the National Preventive Mechanism (NPM), established in terms of the Optional Protocol to the Convention against Torture 45 134 and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The Commission is designated as coordinator and functionary of a multi-body National Preventive Mechanism (NPM).

• Monitoring and Reporting on the Convention on the Rights of People with Disabilities (CRPD).

The CRPD was ratified by South Africa in 2007.


In September 2018, the United Nations recommended that South Africa should expedite the designation of an Independent Monitoring Mechanism (IMM).

The Commission has been designated as the IMM under the CRPD.

This places obligations on the Commission to fully establish and ensure the functionality of the IMM, and monitor and report on compliance with the requirements of the CRPD to the United Nations Committee on the Rights of Persons with Disabilities.
• Convention on the Rights of the Child (CRC) and International Covenant on Economic, Social and Cultural Rights (ICESCR).

14.3.

The MTSF focuses strongly on mainstreaming crosscutting focus areas, specifically the empowerment and access to resources and opportunities women, the youth and people with disabilities.

14.4.
14.4.

The MTSF also highlights the need for social cohesion and a key outcome under the priority ‘Social Cohesion and Safe Communities’ is the implementation of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.

14.5.

In addition, the MTSF identifies the Commission as contributing to: • The promotion of the Constitution and its values in schools, awareness campaigns, public engagements and dialogues.
• The development of a system to ensure consistent barrier free access for persons with disabilities to justice across the justice value chain.

• Strengthening and expanding protection measures for children and for adults with disabilities in institutionalised settings, such as special school boarding facilities, mental health care facilities and residential facilities.

Performance planning 46 135 14.6.


The SAHRC’s Strategic Plan 2020-25 provides for mandate-linked strategies: • Promotion - Enhancing human rights advocacy, visibility and awareness programmes by conducting high impact engagements to influence policy, legislation and its application; establishing strategic partnerships for capacity and collaboration; empowering communities and the public to proactively engage with human rights issues; and utilising media platforms to raise awareness and increase visibility.
• Protection – Increasingly using redress mechanisms to minimise human rights violations by instituting strategic impact litigation and proactively conducting investigative inquiries and hearings.

• Monitoring – Comprehensive human rights monitoring and impact evaluation by strengthening and applying a comprehensive monitoring system to assess the state of human rights.

14.7.
14.7.

The Commission has four programmes: Administration; Monitoring the observance of human rights; Promotion of human rights; and Protection of human rights.

14.8.

The Administration programme has five sub-programmes: Finance; Corporate services; Internal audit; Strategic support; and Office of the Chief Executive Officer.

14.8.1.
14.8.1.

Under the Administration programme, the Commission has replaced the indicator: ‘Audit Findings resolved’ with ‘Audit Opinion’, setting the target at a clean audit for 2022/23 (and over the medium term).

The programme also introduces a new indicator, ‘Supply Chain Management Turnaround Plan’ with a target of 100% implementation in 2022/23 and over the medium term.

14.9.
14.9.

The Promotion of human rights programme is responsible for the promotional aspects of the Commission’s work and seeks to: • Conduct high impact engagements to influence policy, legislation and its application.

• • Establish strategic partnerships for capacity and collaboration.

Empower communities and the public to proactively engage with human rights issues.

47 136 • Utilise media platforms to raise awareness and increase visibility.

14.9.1.
14.9.1.

The programme has three sub-programmes: Commissioners programme; Advocacy and Communications; and Provincial Offices.

14.9.2.

Under this programme, the Commission has removed the following indicators: • Percentage implementation of Programme of Action (POA) for promotional strategic interventions to influence policy, legislation, service delivery, and create awareness.

• Percentage implementation of Action Plan based on 2020-21 Racial Polarisation Conference Resolutions.
• Percentage implementation of Action Plan based on 2012 Amman Declaration and Programme of Action for promoting Gender Equality.

Percentage implementation of Equality Programme Toolkit Action Plan.

Action Plan to promote functionality of Equality Courts implemented.

Action Plan on Impact of Covid-19 on children and youth Conference • • • Resolutions implemented.

• Action Plan based on 2020–21 Anti-Corruption Conference Resolutions implemented.
• Increased visibility of the Commission through the media: Readership, Viewership, Listenership.

• Pro-Human Rights policies, legislation, service delivery and awareness.

14.10.

The Protection of Human Rights Programme is responsible for carrying out the protective component of the Commission’s constitutional mandate and contains the Legal Services Unit and Office of the Chief Operations Officer sub-programmes.

14.10.1.
14.10.1.

Through its Protection programme the Commission seeks to: • • • Institute strategic impact litigation.

Proactively conduct investigative inquiries and hearings.

Utilise alternative dispute resolution and mediation.

14.10.2.

Under this programme, the Commission has amended various indicators and targets, as follows: 48 137 • The target for ‘Number of complaints and enquiries finalised’ is reduced from 5000 in to 3000 (Actual matters finalised in 2021/22 is 7129).
• The target for ‘Number of strategic impact litigation (SIL) matters instituted’ is reduced from 15 to 3 matters in 2022/23 and over the medium term.

• The target for ‘Number of initiatives undertaken to address systemic human rights violations’ is increased from 26 to 39.

(Although the 2020/21 target was 63).

• The target for the indicator ‘Review of the SAHRC Complaints Handling Procedures’ is removed.
• The indicator Strategic stakeholder engagements conducted for the protection of human rights’ is moved to Programme 2.

• A new indicator ‘Number of Memoranda of Understanding (MoU) signed with Universities’ is introduced.

Budget 14.11.

The Commission is allocated R209.5 million for 2022/23, increasing in real terms by 1.25% from 2021/22.

However, the Commission reports on a surplus of R11 million, rolled over from 2021/22, which brings the available budget for 2022/23 to R220.5 million.
SAHRC – Budget 2022 MTEF PROGRAMME 2021/22 2022/23 2023/24 2024/25 (R’million) Administration Monitoring observance REVISED 72.2 79.7 77.7 82.6 of human rights 9.5 9.7 9.8 10.1 Promotion of human rights 106.5 106.8 108.3 112.7 Protection of human rights Total 9.8 198.0 13.3 209.5 13.6 209.3 14.1 219.5 49 138 14.12.

Compensation of employees remains the largest cost driver, accounting for 66% of the budget.

14.13.

In previous budgets, the Commission has been affected by baseline reductions.
However, this year, additional funding is allocated to the Commission, as follows: • A one‐off allocation of R5 million in 2022/23 for ICT infrastructure.

(R36 million is reprioritised in 2022/23 to invest in information and communication technology in the Office of the Chief Justice, Investigating Directorate, Public Protector of South Africa, South African Human Rights Commission and Financial Intelligence Centre.)
• Additional allocations amounting to R17 million over the MTEF (R8 million in 2022/23, R4 million in 2023/23 and R5 million in 2024/25) to fulfil the Commission’s commitments to the United Nations Optional Protocol to the Convention Against Torture.

15.

Information Regulator 15.1.


The Protection of Personal Information Act, 2013 (POPIA), regulates the processing of personal information by providing a framework that sets out the minimum standards that responsible parties must comply with when processing personal information.

The Act applies to public and private bodies, including juristic persons, and aims to achieve a balance between the free-flow of information and the right to privacy.

15.2.
15.2.

The Information Regulator is established in terms of section 39 of POPIA and has wide range of powers and functions relating to promoting and enforcing the right to privacy.

POPIA also transfers certain key responsibilities concerning the Promotion of Access to Information Act, 2000, (PAIA) to the Information Regulator.

These include the handling of complaints, conducting investigations, and making assessments about compliance by public and private bodies.

Performance planning 50 139 15.3.


The Regulator has charted a new strategic vision for the next five-year period (2022/23-2026/27).

This includes a new impact statement: ‘All persons are empowered to assert their right to privacy, as it relates to the protection of personal information and their right of access to information’.

Impact will be measured through complaints management, compliance monitoring and education and rights awareness.

15.4.
15.4.

Key risks and mitigation actions identified by the Regulator in its strategic planning documents include: RISKS MITIGATION Inadequate Full establishment of an enforcement committee and approval of enforcement rules of procedure relating to the manner in which a complaint may powers be referred to the enforcement committee.

Backlog of Funding from Treasury to fill prioritised positions.
complaints Ineffective Conclusion of partnership agreements with other public agencies education and and training service providers on the delivery of education awareness awareness programmes.

15.5.

The Regulator has five programmes, namely ‘Protection of Personal Information’; ‘Promotion of Access to Information’; ‘Education and Communication’; Legal, Policy, Research and Information Technology Analysis’ and ‘Administration’.

15.6.
15.6.

The Protection of Personal Information programme seeks to ensure the promotion and protection of personal information processed by public and private bodies.

It has two subprogrammes: ‘Compliance and Monitoring’ and ‘Complaints and Investigations’.

15.6.1.

Under this programme, the following indicators are removed: • • • Percentage of complaints pre-investigated.

Percentage of prioritised actions in the readiness plan implemented.

Approved Guidance Note on Exclusions and Exemption from POPIA.
51 140 15.6.2.
The following new indicators with associated targets are introduced: OUTPUT INDICATORS 2022/23 TARGETS Percentage of complex complaints received , investigated and finalised Simple complaints received investigated and resolved 50% 100% POPIA compliance monitoring and Approve monitoring and enforcement enforcement framework approved framework Number of targeted responsible parties 4 monitored on compliance with POPIA Approved and implemented rules of Approved and implemented rules of procedure relating to the manner in which any procedure relating to the manner in which POPI matters or complaints must be referred any POPI matters or complaints must be and handled by the Enforcement Committee referred and handled by the Enforcement Committee 15.7.
The Promotion of Access to Information programme seeks to ensure the effective promotion, protection, monitoring and implementation of the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

It has two subprogrammes: ‘Compliance and Monitoring’ and ‘Complaints and Investigations’.

15.7.1.
15.7.1.

Under this programme, the following indicators are removed: • • • Percentage of complaints Pre-investigated and finalised.

Approved updated PAIA Manual and uploaded on the website.

Approved procedures for making information electronically available and uploaded on the website.

15.7.2.
The 2022/23 APP introduces the following new indicators: OUTPUT INDICATORS 2022/23 TARGETS Percentage of complex complaints 50% received , investigated and finalised 52 141 Simple complaints received investigated 100% and resolved PAIA Compliance and Monitoring and Approved Framework Enforcement Framework Approved Approved and implemented rules of Approved rules of procedure relating to the procedure relating to the manner in which manner in which any PAIA matters or any PAIA matters or complaints must be complaints must be referred and handled by referred and handled by the Enforcement the Enforcement Committee Committee Number of targeted public and private 96 targeted public and private bodies parties monitored on compliance monitored on compliance 15.8.
The Education and Communication programme provides strategic direction for the provision of Education and Communication and has two sub-programmes ‘Education and Public Awareness’ and ‘Communication and Media Relations’.

15.8.1.

Under this programme, the following indicators are removed: • • • Approved public awareness and education strategy.

Approved Communication and Branding Strategy and Plan.

Number of communication programmes and products developed and implemented.
• Approved stakeholder engagement strategy and plan.

15.8.2.

The following are new indicators: OUTPUT INDICATORS TARGETS A public opinion survey on the percentage of nationally representative 5% sample of the population who are aware of their rights to privacy conducted.

A public opinion survey on the percentage of nationally representative 5% sample of the population who are aware of their right of access to information.
Number of education programmes conducted to promote the protection of 7 personal information.

53 142 Number of education programmes conducted to promote PAIA.

Number of public awareness programmes on Information Rights 7 34 conducted at community level.

Number of stakeholder engagement sessions conducted according to 48 cluster cluster.

Number of research reports (on personal information and access to information) finalised.

Number of international cooperation programmes conducted.

sessions 1 8 15.9.
sessions 1 8 15.9.

The Legal, Policy, Research and Information Technology Analysis programme provides for the rendering of legal services.

15.9.1.

Under this programme, the following indicators are removed: Percentage of prioritised actions in the readiness plan implemented.

Approved POPIA compliance framework for the Regulator.

Approved Rules of procedures for the enforcement Committee.

Approved Legal Strategy.

Number of research projects in line with the approved research strategy implemented.
Approved POPIA personal information impact assessment.

• • • • • • • 15.9.2.

The following new indicators are introduced: OUTPUT INDICATORS TARGETS Percentage of legal opinions rendered and finalised Percentage of contracts vetted and drafted Percentage of litigation matters successfully managed Number of proposed legislation examined and reports submitted 100% 100% 100% 6 15.10.
The Administration programme provides effective and efficient leadership, corporate and financial support services to the Information Regulator.

The programme consists of the Office of the Chief Executive Officer; Corporate Services and Finance sub- programmes.

54 143 15.10.1.

In 2022/23, the following indicators are removed: • • • • • Approved separation strategy.

Approved Human Resource Strategy and plan.

Percentage of vacancy rate on funded posts maintained.

Approved ICT Strategy and plan.


Approved Human Resource strategy and plan.

15.10.2.
15.10.2.

In 2022/23, the following new indicators are introduced: OUTPUT INDICATORS 2021/22 TARGETS Percentage implementation of the HR Plan achieved Percentage implementation of ICT Plan Number of activities in Records Management Plan 80% 80% 16 Implemented Facilities Management Plan Approved Approved facilities Number of research reports on technological changes 1 report affecting protection of personal information management plan Budget 15.11.
Previously the Information Regulator’s funding was ring-fenced under the Department’s State Legal Services programme.

However, as from 2022/23, the Regulator is now listed under the Associated and Auxiliary Services Programme along with other public and constitutional entities such as the SAHRC, PPSA, SIU and Legal Aid SA.

15.12.

An amount of R100.6 million is allocated to the Information Regulator for 2022/23, compared to R87.2 million in 2021/22, which is a real increase of 10.4%.
Programme R’millon Budget 2021/22 2022/23 2023/24 2024/25 Information Regulator 87.2 100.6 106.5 111.3 Nominal Percent change 2022/23 15.4% Real Percent change 2022/23 10.4% 55 144 16.

Committee’s observations 16.1.

The Committee acknowledges that the constraints of the parliamentary programme limited the time available for these engagements but there will be opportunities later on to delve into certain issues.

We have also asked for further information on several issues.
These reporting requests form part of the Committee’s work method as they supplement our knowledge and assist us to track progress.

We were, therefore, highly dissatisfied that the Department did not table a report addressing the matters that we raised in our Budgetary Review and Recommendation Report (3 December 2021).

The Department was given ample time to respond and the failure to do so has not assisted us to engage in effective oversight.

Department of Justice and Constitutional Development 16.2.
Performance planning.

16.2.1.

The Committee acknowledges how difficult it must be to plan in a context where there are so many priorities but the resources available are extremely tight.

However, we have difficulties with certain aspects of the annual performance plan, in particular, the removal of certain indicators and the reduction of targets.
We note the letter from the Minister, dated 12 May 2022, informing the Committee that the Department has listened to our views about the exclusion of certain indicators and the reduction of targets.

The Department will revise its annual performance plan accordingly.

Despite this welcome development, we believe that it is necessary for us to record our views on the plan that was presented to us, and have done so below.

16.2.2.
16.2.2.

We do not support the reduced target for the payment of undisputed and valid invoices with 30 days from 100% to 98%.

This contravenes section 38(1)(f) of the Public Finance Management Act (PFMA), 1999, which requires the accounting officer for a department to settle all contractual obligations and pay all money owing, including intergovernmental claims, within the prescribed or agreed period.
Further, Treasury Regulation 8.2.3 states that ’Unless determined otherwise in a contract or other agreement, all payments due to creditors must be settled within 30 days from 56 145 receipt of an invoice or, in the case of civil claims, the date of settlement or court judgement’.
The late and/or non-payment of supplier’s invoices has serious consequences, impacting negatively on the socio-economic challenges that our country faces; the financial health of suppliers; and the ability of suppliers to pay salaries and meet their contractual obligations.

Late payment may often result in suppliers being liquidated, specifically the Small Micro and Medium-Sized Enterprises (SMMEs).
Although we understand that the Department is experiencing problems meeting the target, largely as a result of the instability of its system, the solution is not to mask the problem by reducing the target but to fix the system and, in the meantime, file the necessary exception reports.

16.2.3.
16.2.3.

Further, given the Department’s poor performance and audit outcomes in recent years, we question why indicators that measure improved capability and governance have been removed, in particular, the indicators ‘Vacancy rate at SMS level’ and ‘Percentage of significant findings resolved’ (in respect of audit issues).

These indicators speak directly to issues that both the Auditor General and ourselves have identified as significantly affecting the Department’s performance.
Also, as skills development and training are critical to developing internal capacity, we don’t understand why the Department has removed the indicator ‘Number of people trained in line with the Workplace Skills Plan (WSP)’.

16.2.4.

On a positive note, we are pleased to note that the annual performance plan contains indicators prioritising the inclusion of women, youth and people living with disabilities in the workplace.

We will continue to monitor progress made in meeting these targets.

16.3.
16.3.

Policy and legislation.

16.3.1.

Policy on judicial governance and court administration.

We welcome the Minister’s announcement that he intends to introduce a policy on judicial governance and court administration to Cabinet in this financial year, as well as introduce to Parliament legislation that will overhaul the Lower Courts towards the establishment of a single judiciary.

57 146 16.3.2.

Expungement of criminal records relating to COVID-19 related transgressions.
The Committee has previously expressed its concern about the number of arrests related to alleged transgressions of the COVID-19 Regulations.

Many citizens were unaware that paying an admission of guilt fine resulted in their having a criminal record.

We do not believe that it is desirable to make criminals of citizens for relatively minor misdeeds.

We are, therefore, pleased to note that the Department intends introducing a Judicial Matters Amendment Bill in this financial year to address the problem.
16.4.

Turnaround strategy.

16.4.1.

We note the Department’s view that its performance in 2021/22 has shown significant signs of recovery and upward trajectory and will engage with the Department’s annual report and audit report later this year.

Nonetheless, we have observed the considerable difference between what is presented at strategic meetings and what happens on the ground, which we find deeply concerning.

16.4.2.
16.4.2.

The Department had previously identified vacancies at senior management in the Finance and Supply Chain Management sections as a significant contributor to its audit issues but we are pleased to note that these are now reportedly filled.

The Committee is especially pleased that a new Chief Financial Officer, Ms Rofhiwa Irene Singo, was appointed from 1 April 2022 and wish her well in the position.

16.4.3.
16.4.3.

We note that the Department intends in 2022/23 to implement the turnaround strategy that it has developed.

In this regard, we ask that we be provided with the following information, in writing, before 30 June 2022: • Details of the remaining vacancies, particularly at SMS level, but also in critical positions; how long the positions have been vacant for; the related recruitment plan, with timeframes, as well as an explanation for any delay, if applicable.
• Details of the findings of the skills audit that was to have been finalised by the end of 2021/22.

How will the Department use these findings to improve its performance going forward?

• Details of the progress made to reposition and redefine Justice College, including related timeframes, challenges and mitigation strategies.

The report 58 147 should also include information on the use of external service providers to provide training.
• Details of the service delivery plan, including: how the plan differs from previous plans; the related implementation plan; a list of the service points at which the plan is to be rolled in 2022/23 and going forward; and plans to ensure that service delivery will be monitored and enforced.

16.4.4.

Consequence management.


The Committee has repeatedly highlighted the importance of consequence management and, therefore, asks that it be given a consolidated report of all outstanding disciplinary matters so that it may track progress, before 30 June 2022.

16.4.5.

Audit action plan: The Committee notes that the Department reports that it has developed an audit action plan to address challenges that have resulted in the audit qualification and also to develop sustainable systems and processes.
A Contingent Liability Plan has been finalised and the Department has committed to no longer being qualified on the basis of contingent liabilities.

However, we ask, once again, to be provided with the details of the commitments made, the interventions planned, and the progress made, before 30 June 2022.

16.5.

Rebuilding the ICT infrastructure and building internal capacity.

We note that following the ransomware attack, the Department is busy with rebuilding its ICT infrastructure from scratch.
In November 2021, following the adjustments process, an amount of R422 million was moved from the Justice Modernisation programme to the Administration programme.

We ask that the Department provide us with a report, in writing, on how these funds have been used to address the ICT infrastructure risk.

We also ask that we be provided with details of plans, if any, to improve internal capacity to reduce reliance on consultants.

16.6.

Greater attention needed on maintenance of infrastructure 16.6.1.
The Committee’s recent visits to courts and buildings in several provinces revealed the deplorable, even shocking, state of the Department’s infrastructure.

Not only are some court buildings so neglected that they have become structurally unsafe, a 59 148 number of courts cannot access running water and electricity when there are outages.

In these circumstances, courts cannot stay open, contributing to increased backlog matters.
(As an aside, it seems contradictory to prioritise technology driven modernisation intended to increase access to justice but at the same time carry out the work of dispensing justice in buildings that are crumbling.)

We intend to convene a meeting with the Minister and Director-General, as well as representatives of the DPWI, to discuss our observations once we have finalised our oversight report.

16.6.2.
16.6.2.

We note that R463.9 million is allocated in 2022/23, and each year after over the medium term, for the construction and/or refurbishment of 38 courts.

We are doubtful that this is anywhere enough given the extent of the need but, in past years, the Department has been unable to spend its infrastructure budget as a result of poor or non-performance by the Department of Public Works and Infrastructure (DPWI).

Over time, this has led to a far smaller allocation for this item.
The challenges surrounding the capabilities of the DPWI remain and are a threat to future allocations.

We, therefore, welcome the Department’s intention to explore the possible use of entities to implement infrastructure projects but suggest that, in doing so, the Department makes use of its previous experience to avoid potential pitfalls.

16.6.3.
16.6.3.

We are also told that there is a process underway to increase the delegation for day- to-day maintenance to R1 million so that the Department can undertake more of its own maintenance work.

We note, however, that agreement must still be reached on the transfer of the necessary budget from DPWI.

16.6.4.

We intend to convene a joint meeting so that we can be fully briefed by the Department and the DPWI on the Department’s infrastructure and maintenance programme as soon as the programme permits.
For now, we ask the Department to provide a comprehensive progress report, before 30 June 2022 and be prepared to report quarterly.

16.7.

Increased backlog cases.

The Committee notes that the Department describes the increase of backlog cases as insurmountable.

We are extremely concerned and repeat our belief that a well-functioning and stable justice system is essential to a thriving democracy.

Increased case backlogs are a clear indicator that all is not well.
We have 60 149 noted previously that the budget cuts implemented have greatly affected the Department’s salaries’ budget.

This remains the case for 2022/23.

As such, there is little scope in the budget to pay the salaries that will permit additional courts to run.

16.8.

Combatting Gender-based Violence (GBV) and Femicide.
The Committee asks the Department to provide it with the number of GBV backlog cases currently on the roll and the progress of the project to reduce the backlog, in the form of a written report, before 30 June2022.

16.9.

Barrier-free Access to Justice for persons with disabilities.

Our recent oversight visits highlighted how difficult it is for people with disabilities to access court buildings and service centres.
For example, the lifts at the Polokwane High Court, which houses the Master’s Office on the fifth floor, have not worked since September 2021 making access to Master’s services very difficult for people with disabilities or the elderly.

The Committee asks that it be provided with an explanation as to why the target for courts compliant with the strategy on universal access for persons with disabilities has been reduced from 100 to 27 courts in 2022/23.
We also ask for details of the courts that have already been made compliant, as well as courts that will be made compliant in this financial year.

16.10.

Master’s offices.

We note the Department’s intention to implement a robust strategy in 2022/23 to transform the services rendered by the Master’s Offices across the country.

The strategy aims to address the concerns raised by those who make use of the Master’s Office.
Unfortunately, no further information is provided in the annual performance plan and we, therefore, ask for a report setting out the details of the strategy and the associated deliverables, with timeframes, in writing, before 30 June 2022.

16.11.

State Attorneys.

The appointment of an Acting Solicitor-General was made in 2020 for a period of two years as a temporary solution while the post underwent an evaluation process.
More than two years has passed but the post is still in the process of being finalised.

We, therefore, urge the Department to prioritise finalising the position so that a recruitment process can get underway.

61 150 16.12.

Legal Services Ombud.

The Committee requests a written report on the funding and capacitation of the office of the Legal Ombud before 30 June 2022.

16.13.

Justice Modernisation.

16.13.1.

ICT Modernisation and Digitisation projects.


The Committee notes the continued focus on modernisation by way of online solutions that will automate various justice- related processes.

The Department plans to implement the following online solutions in 2022/23: Maintenance; Trusts; Deceased Estates; Protection Order; Expungement of Criminal Records; and National Register of Sex Offenders (NSRO) (currently in the design phase).
While online solutions are intended to improve efficiency and to increase access to justice services, we are concerned about their reliability, as connectivity is often a challenge and systems go down.

The Committee intends to engage with the Department on the various aspects of its modernisation programme and will arrange a meeting as soon as the programme permits.
In the meantime, we ask for a comprehensive report, in writing, before 30 June 2022, on the progress of rolling out the planned online solutions, the related timeframes, and challenges experienced, as well as mitigation strategies.

16.13.2.

Integrated Justice System programme.

The Committee notes the intention to roll-out 59 IJS-related projects in 2022/23.

A list of the key projects for 2022/23 is captured earlier in the report.
We will meet with all role-players, to engage on this item as soon as the programme permits.

In the meantime, we ask for details of the IJS governance structures, their responsibilities and how often they are required to meet.

Also, we ask once again for a copy of the assessment report conducted by the Department of Planning, Monitoring and Evaluation in 2018, as well as details of any outstanding recommendations, before 30 June 2022.

National Prosecuting Authority 16.14.


The NPA has been widely criticised for its lack of progress in prosecuting high profile corruption matters and there is a perception that the NPA has not prioritised these matters.

The NPA strongly refutes this, pointing to capacity and skills challenges within the NPA that have first needed to be addressed.

We, therefore, 62 151 welcome the NPA’s intention to focus on pursuing identified high profile corruption matters this year.
The Committee notes that the Investigating Directorate (ID) has declared 82 investigations and enrolled 20 cases with 65 accused.

Further, it has prioritised nine corruption matters for enrolment within the next six months.

The NDPP describes these cases as being ‘seminal’.

16.15.

Funding.

The Committee is also pleased that that the NPA is allocated an additional R1.1 billion over the medium term.
We note, that of the additional funds allocated, R393 million is allocated to the Investigating Directorate so that it can address capacity constraints by employing 90 extra permanent staff members with specialist skills and experience, and train and develop existing employees.
The additional funds will also allow the NPA to increase its capacity by recruiting 17 senior state advocates for the AFU and 12 protectors for the Office of Witness Protection, as well as employ 700 aspirant prosecutors in the National Prosecutions Service.

16.16.

We note that the NPA has indicated that it requires a further R2.1 billion over the medium term so it can recover from years of decay and perform its role fully.

16.17.

Vacancies.
16.17.

Vacancies.

We are told that the vacancy rate is at 16%, which exceeds the recommended norm for vacancies in the public service.

However, this is largely as a result of a huge recruitment drive intended to address shortages of capacity and necessary skills needed to investigate and prosecute complex matters within the NPA environment.

The organisation has also been devastated by Covid-19, having lost 68 prosecutors.
We note also that the attrition rate is low, at less than 2%, which indicates that staff morale has improved considerably in recent years.

The real challenge at present is the shortage of specialist capacity within the organisation.

We request a report, in writing, from the NPA providing a more detailed breakdown of the recruitment drive, including timeframes, before 30 June2022, as well as its plans to train and develop internal capacity.

16.18.

Skills assessment.


The Committee requests further information concerning the outcome of the skills assessment undertaken, in writing, before 30 June2022.

63 152 16.19.

Donor-funding.

The Committee notes that the NPA is developing a protocol for the donations it may receive for skills and financial assistance.

The NPA has clear guidelines from National Treasury on how to deal with donations and a donor oversight committee will also play a role.
In this regard, the NPA’s request to establish a multi-disciplinary task team to develop draft terms of reference for a Donor Review Committee was approved earlier this year and a task team is in the process of compiling a detailed report to the NDPP and Director-General.

16.20.

OSD.
16.20.

OSD.

We are pleased to learn that the NPA has presented an option to Directors of Public Prosecutions and Chief Prosecutors to settle the legal action on account of their being excluded from the improved salary dispensation for legal professionals working in the justice sector that was gazetted in 2010.

Although legal professionals, this level of staff did not receive the benefit of the OSD because they were seen as part of senior management.
It has created a situation in which junior and senior prosecutors earned the same as, or more than, their seniors.

This has not only affected morale but has discourage Directors of Public Prosecutions from applying for more senior positions.

The option has been submitted to the Minister.

16.21.

Referrals.

We note that a Memorandum of Understanding between the SIU and NPA is in place and bi-weekly meetings occur.
Also, a coordination and monitoring mechanism for referrals, which will be led by the Department of Monitoring and Evaluation, is being developed.

We understand that there is a need for legislative amendments and the Department is engaged with this task.

16.22.

Asset Forfeiture Unit.

We note that the AFU has developed a Turnaround Plan and Asset Recovery Strategy.

16.23.

Investigating Directorate.

The Committee congratulates Adv.


Andrea Johnson on her appointment as head of the Investigating Directorate and welcomed her to the position.

The Committee is pleased to learn that the transition of leadership at the Investigating Directorate has been seamless, so much so that it is poised for action, intending to prosecute nine ‘seminal’ corruption cases related to state capture within six months.

64 153 16.24.
64 153 16.24.

We are encouraged that the Extradition and Mutual Legal Assistance Treaties between South Africa and the United Arab Emirates are at last ratified.

16.25.

Retrieval of monies forfeited in the Bobroff matter from Israel.
The Committee also asks that it be given details before 30 June 2022 concerning the NPA’s progress retrieving the monies held in two bank accounts in Israel in the names of Ronald and Darren Bobroff who fled from South Africa to Australia in March 2016 after irregularities were uncovered at their firm.

Briefly, it is reported that the Bobroffs reached a secret settlement with Israel early last year to escape criminal prosecution.
Consequently, the Israeli government seized around R70 million of the money and, in return, dropped criminal charges related to money laundering against them.

The Bobroffs retained the balance of R25 million.

This means that no money has been returned to South Africa despite the Supreme Court of Appeal (SCA) ruling in May 2021 that the money was the proceeds of crime and must be forfeited to the State.
There was no consultation with the NPA before the settlement was reached and the only proposal that the AFU has received since from Israel has been an offer of R14.5 million as a token of goodwill between the countries.

We will also ask for a briefing on this item as soon as the programme permits.

16.26.

Prevention and Combatting of Corrupt Activities Act (PRECCA).
The Committee requests a comprehensive report on the challenges associated with our anti- corruption legislation and whether/what legislative amendments are required, in writing, before 30 June2022.

Legal Aid SA 16.27.

Budget.

For the same reasons advanced in previous reports, the Committee does not support the reductions to Legal Aid SA’s baseline.
This report provides details of how the recent cuts to the baseline have affected operations, reducing the number of matters that Legal Aid SA can take on and stretching court coverage.

The absence of a relief component is also concerning, as matters cannot proceed if an accused’s legal representative is unavailable, causing blockages and contributing to the backlogs.

It is also concerning that Legal Aid SA has several unfunded mandates.

65 154 16.28.

Additional funding.


We are pleased that additional funds have been allocated to Legal Aid SA to employ practitioners for the Specialised Commercial Crimes Courts that have been set up in six provinces.

16.29.

Land justice.

The Committee is pleased that the legal representation function previously undertaken by the Department of Agriculture, Land Reform and Rural Development is finally transferred to Legal Aid SA, in order to assist the indigent that seek land justice.
We are concerned that the transfer of function has yet to be accompanied by funding.

We note that, while there is some capacity in place at the National Office, Legal Aid SA will not embark on an aggressive recruitment drive to capacitate offices at a provincial level until the promised funding is made available.

We will continue to monitor progress closely.

16.30.

Unfunded mandates.


We note that Legal Aid SA reports that the following legislative mandates are currently unfunded: Labour Relations Act 66 of 1995 (section 149); Restitution of Land Rights Act 22 of 1994 (section 22); Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (section 4(5)); Land Reform (Labour Tenants) Act, 1996; and the Extension of Security of Tenure Act.

16.31.

Office accommodation.


We note the challenges that Legal Aid SA has experienced concerning its office accommodation, including escalating lease premiums amid budget cuts; non-responsive tenders; and poorly maintained leased premises.

Further, the acquisition and management of office accommodation contributes to the irregular expenditure incurred by Legal Aid SA.
The strategic solutions to these challenges include the purchase of buildings by Legal Aid SA, relocation to cheaper areas, reducing office space and merging with Legal Aid SA Provincial Offices and co- habiting with other government departments.

Anticipated outcomes of the acquisition of properties are reduced rental over the medium to long-term; reduced office space and their optimal use; increased owned property portfolio; increased certainty of tenure; and reduced irregular expenditure.
Legal Aid SA advises that the Minister has expressed his support for this strategy but that it is waiting for a formal confirmation from the Minister.

The Committee supports the strategy in principle and asks that it be informed of progress.

66 155 16.32.

Civil work.

Legal Aid SA’s budget largely goes towards funding legal representation of accused in criminal matters, as there is a constitutional obligation on the State to assist accused persons without legal representation.
However, there is desperate need for advice and representation in civil matters and, for this reason, we particularly appreciate the effort that Legal Aid SA has taken to stretch its capacity to undertake civil work.

Unfortunately, a narrow interpretation of Legal Aid SA’s mandate in respect of the realisation of the right of access to justice means that its civil work is especially vulnerable to budget cuts.
The Committee feels very strongly that the funding allocated should at least maintain the current level of legal assistance provided in civil matters.

Special Investigating Unit 16.33.

Funding model and debt recovery.

The SIU’s enabling legislation provides that the SIU may recover fees from State institutions for the investigation services rendered.

Currently the fees recovered in this way make up approximately 45% of the SIU’s total projected annual revenue.
Regrettably, the SIU has, to date, struggled to recover fees, complicating the relationship between the SIU and its targeted clients; and creating serious challenges in respect of its funding.

The SIU has engaged National Treasury to explore alternative funding models but to date there has been little progress.

As a result, the legislative amendments are proposed.

16.34.
16.34.

We note that the Department is among the list of those who owe the SIU for services rendered and will write to the Minister about this.

16.35.

The Committee has noted previously that, with the Department’s assistance, the SIU will formulate, develop and promulgate amendments to the SIU Act.
The Committee understands that some of the amendments that are being considered are: the establishment of a permanent independent SIU and its status; the revenue and expenditure for the functioning of the SIU; and the monitoring and enforcement of remedial action.

The SIU has submitted its proposals to the Department for it to draft the necessary amendments.

As the finalisation of the proposed legislative amendments is long outstanding, we, therefore, urge that these be prioritised.

67 156 16.36.
67 156 16.36.

We acknowledge the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State (Zondo Commission) praise of the SIU’s work as being commendable and of demonstrating what can be achieved by a skilled and committed litigation unit dedicated to the recovery of the proceeds of crime.
We note, however, the Zondo Commission’s concern that the work of the SIU depends on the President’s goodwill, which undermines its role as a defence mechanism against state capture.

16.37.

Whistle-blower Protection Task Team.

We note that the SIU is part of a joint task team, which also consists of the NPA, the Department and the Directorate for Priority Crime Investigation/HAWKS.
This task team has been established to conduct a comparative analysis of whistle-blower protection in other jurisdictions, aiming to make recommendations to Government regarding strengthening whistle-blower protection legislation in South Africa.

16.38.

Security.

We note that the SIU has identified the security of its employees as a significant risk in the 2022/23 Annual Performance Plan and are very concerned by this development.
The SIU reports that interim security measures and interventions are in place to protect SIU employees and it is currently working on a long-term plan for security measures to cover employees.

We note that the SIU has gone so far as to tender for the Appointment of a Panel of Close Armed Protection Services.

The purpose is to provide Close Armed Protection services for its employees nationally on an “as-and-when required” basis.

16.39.

Justice-related investigations.


We note that the SIU has finished its investigation into the construction of the Limpopo and Mpumalanga High Courts and will finalise the report soon.

The SIU anticipates that it will finalise its investigation into the Master’s Office by the end of July 2022 and into the Office of the State Attorney by the end of September 2022.

16.40.

State Attorney investigation results in successful civil litigation to recover funds.
We are pleased to learn that the SIU’s investigation into the Office of the State Attorney has resulted in the Special Tribunal ordering a former state attorney, to pay back 68 157 R4.4 million in fraudulent claims.

A pension amount of just under R800 000, belonging to the former official will be forfeited as part payment for the money to be recovered.

Public Protector South Africa 16.41.

Drop boxes.


We welcome the PPSA’s innovative approach to improving access to its services, especially in rural areas.

We note that the PPSA has installed 45 drop-boxes in areas where it does not have a foot print to enable communities to lodge their complaints in writing with the PPSA.
Going forward, the PPSA reports that it also plans to collaborate with Traditional leaders and Community-Based Organisations to identify additional catchment areas for enhanced accessibility to its services.

16.42.

Mobile referral application.


We are pleased to learn that the PPSA has recently launched a mobile referral application, which will provide potential complainants with the information on which institutions they should approach to resolve their specific problems before lodging their complaint with the PPSA, reducing the need for referrals.

16.43.

Funding.

We welcome the PPSA’s report that its funding pressures have eased as a result of additional funding.
The PPSA has been able to provide for ICT infrastructure, an e-library, 22 staff posts and an electronic document management system.

Current funding pressures include the filling of 22 additional positions, with estimated costs of R15.1 million.

16.44.

Investigation reports finalised.

We welcome the increased target for the number of investigation reports finalised from 50 to 80 and, similarly, the increased target for the number of systemic investigations finalised from 2 to 3.

16.45.
16.45.

We also note the introduction of a new performance indicator as part of the PPSA’s efforts to address a lack of compliance with the recommended remedial action, namely ‘Number of quarterly reports on compliance with remedial action submitted to Parliament’.

69 158 16.46.

We are pleased that the PPSA reports that it has finally resolved its security concerns by making use of cameras to monitor the spaces that it occupies.

South African Human Rights Commission 16.47.

Equality Courts.
Equality Courts.

We note the Commission’s concern that despite high levels of inequality and the volume of complaints relating to hate speech and discrimination, complainants are still not accessing or utilising Equality Courts.

This is not a new issue – underutilisation of the Equality Courts has been a concern for many years.
We note as well that the Department provides for a new indicator in the 2022/23 Annual Performance Plan, ‘Number of engagements held with stakeholders towards the promotion of Equality Courts’.

We are interested in the Commission’s views on the effectiveness and functionality of Equality Courts and are interested to know whether the SAHRC will be partnering with the Department in the planned engagements with stakeholders.

We ask that the Commission provide a report in writing on this before 30 June2022.
16.48.

Investigation into the cause of the July 2021 Riots.

We note that the Commission’s investigation into the cause of the July 2021 riots is nearing completion and it anticipates finalising a draft report by the end of June 2022/23.

The Commission launched a National Investigative Hearing, focusing on the causes of the unrest and the impact on human rights.
The testimonies that it heard have clearly pointed to the disintegration of communities around racial lines and growing inequalities and the Commission has identified the need to focus on social cohesion as a way to ease the tensions.

16.49.

Flood relief monitoring.

We note the Commission’s intention to monitor the provision of alternative housing, food, water, and healthcare in the aftermath of flooding in KwaZulu-Natal to ensure that human rights are observed.
The Commission is also part of the Forum for Institutions Supporting Democracy (FISD), consisting of the heads of the independent constitutional institutions.

The FISD has 70 159 agreed to establish a nerve centre which will develop a plan of action to monitor, exercise due diligence and oversight, over Government disaster relief efforts.

16.50.

Human Resources.

The Commission has previously reported that senior management resignations and vacancies had adversely affected delivery.
Also, as part of cost saving measures, the institution had suspended senior posts.

We are especially concerned to learn that the position of Chief Financial Officer is vacant, which is a significant risk to the institution.

We, therefore, request a report in writing on the vacancies, particularly those in senior management positions, and the related recruitment plan, with deadlines, before 30 June2022.

Information Regulator 16.51.

Appointments.

We congratulate Adv.

Pansy Tlakula, Adv.


Lebogang Cordelia Stroom-Nzama, Adv.

Johannes Collen Weapond and Mr Mfana Gwala on their appointment as members of the Information Regulator from 1 December 2021.

16.52.

Data breaches.

The Committee has engaged with the Regulator on a number of occasions concerning various large-scale data breaches over the past few years, including Experian.
We note that among the latest breaches is that of the credit bureau, TransUnion, which has affected more than 3 million data subjects.

We note further that the Information Regulator met with TransUnion on 19 March 2022 and called on the company to explain the circumstances of the security compromise that it experienced but was not satisfied with the response.

The Regulator then issued a further directive.

16.53.

Ransomware attack.


We are deeply concerned that the Department has not co- operated with the Information Regulator and did not provide a conclusive report on the nature or extent of the ransomware attack that occurred in September 2021, as requested.

We note that the Regulator then appointed an independent digital forensic analyst to ascertain the extent of the harm and how many records were compromised.
However, as the Department has not been forthcoming, the Regulator intends to use the enforcement mechanism to obtain the necessary information.

We will raise this 71 160 matter with the Minister in the strongest possible terms, and request that we are kept informed of further developments.

16.54.

Legal status.


We have previously identified the urgent need to resolve the issue of the Regulator’s listing in terms of the Public Finance Management Act, 1999 to allow the Regulator to properly separate from the Department.

Until this matter is resolved, the Regulator essentially operates as a ‘regional office’ of the Department of Justice, which is not acceptable.

We intend to write to the Minister requesting his urgent attention.

16.55.

Enforcement Committee.


We note that the Information Regulator has run into a problem concerning its recommendation that a retired judge be appointed to Chair the Enforcement Committee.

POPIA requires that the appointment be made in consultation with the Chief Justice and the Minister.

The Chief Justice has disagreed with the Regulator’s recommendation.
The Regulator remains of the opinion that the appointment of a retired judge is the right recommendation as the decisions of the Enforcement Committee are binding.

It would need to approach a very senior legal practitioner if it were to take up the Chief Justice’s suggestion, which has its own challenges.

The Regulator has not yet received the Minister’s response, which is required.
Although the Committee intends to write to the Minister prompting him to provide a response, we suggest that, in the meantime, the Regulator consider an alternative appointment.

17.

Recommendation 17.1.

The Committee, having considered the Annual Performance Plans 2022/23 of the Department of Justice and Constitutional Development, NPA, Legal Aid SA, SIU, Public Protector SA, SAHRC, and the Information Regulator, recommends that they be approved.

17.2.
17.2.

The Committee, having considered the Budget Vote 25: Justice and Constitutional Development, supports it, and recommends that it be approved.

72 161 18.

Appreciation 18.1.

The Committee wishes to thank the following for their co-operation and assistance in this process: • • • • The Minister and the Deputy Ministers.

The Director General and Department officials.

The National Director of Public Prosecutions and NPA officials.
The Public Protector and the Deputy Public Protector; the Chairperson and the Commissioners of the South African Human Rights Commission; the Chairperson and Members of the Board of Legal Aid South Africa; and the Head of the Special Investigating Unit, the Chairperson and Members of the Information Regulator, as well as all respective staff members.

18.2.

We wish to thank the Committee support staff for their hard work and dedication.

Report to be considered 73 162